>> and a fox news alert, as you heard. police still trying to figure out the motive behind the shooting that left five dead, six others injured in aurora, illinois. 11 a.m. outside of chicago. police now just wrapping up a news conference. welcome to america's news headquarters from washington. a lot to get to today. i'm leland vittert. kristen: i'm kristin fisher. and police identified the gunman, saying that he was set to let go from the job of 15 years when he opened fire in the workplace. our jeff paul is live in aurora, what are you learning? >> aurora p.d. wrapping up a

press conference. the nails of the victims as well as the roles at the manufacturing plant. in fact, one of the victims is a student intern. i'm going to run through the names this is the most important thing that we're going to be touching on today are the victims in the shooting. the first name. clayton parks, a resources manager at henry pratt. another name, trevor winter of de kalb, he was a human resources intern at henry pratt, a student of northern illinois university. >> russell beyer. vincente juarez, a stock room attendant and forklift operator and josh pinkard: we're learning that the police officers five of them, they're

expected to be okay, recovering from their juniors and a sixth co-worker injured in the ordeal and we're learning more about the suspect. the police department put out a photo here not too long ago where you can see him. his name is gary montez martin, 45 years old. investigators say he was about to lose his job that day. he was set to be terminated. they say he had six prior arrests by the aurora police department, including arrest for traffic and domestic violence related issues. and his latest arrest in aurora was from 2008. we're going to take a listen to the police chief here who just wrapped up a press conference. take a listen. >> regarding the weapon used in the shooting incident, in january of 2014 the shooter was issued a firearms owners identification card or foid card. in march 2014 he applied to purchase from a local handgun from a dealer in aurora.

he took possession of smith & wesson .40 caliber handgun from the same dealer. on march 2014, he applied for conceal concealed permit, and during the fingerprinting he had a conviction out of mississippi, august 3rd. 1995. it should be noted that this conviction would not necessarily have shown up on a criminal background check conducted for a foid card. and once this was discovered the conceal and carry permit was rejected and foid card revoked by the illinois state police. >> that was the chief there describing the background of the suspect, how he got a gun and how it played out from that point on about his firearms card being revoked. but this case is still very active. investigators still have a lot of things to go throughment many

police officers still here at the scene of the shooting piecing it altogether. back to you in the studio. leland: all right. jeff paul there on the scene in aurora. we noticeded crosses behind you for the names that you read. meanwhile, we bring in ted williams, d.c. detective and now criminal defense attorney. ted, what struck you from the press conference? >> well, one of the things that i was deeply concerned about, number one, the kind of gun that would have been used in this and we find out that it's a smith & wesson .40 caliber weapon and the second thing was that how did he actually get this gun? and when you find out that he actually bought the gone, leland, legally and that it was after he bought it legally that a further background showed that he had a felony conviction and they were trying to at that time backtrack and get the gun and rescind his permit, those are the things that stand out to me.

leland: and another one of these cases where sort of the dots weren't connected, if you will, we saw that with the air force shooting as well. kristen: and witnesses inside the building say that they saw a laser sight on that handgun. is that fairly common? >> no, it's not actually fairly common, but the weapon itself is fairly common to have that kind of an apparatus to it. one of the sad commentaries is that he just walked through this plant and just at random just started shooting at people. >> i was going to say, one of the things that stood out to me the most is the fact that these police officers had to go in and try to find him in a 29,000 square footwear house and it took them an hour and a half to do it. can you walk this true? what that must have been like? >> first of all, you have the first responders, those brave first responders were the ones shot or at least five police officers at the very beginning of this incident and then you had the s.w.a.t. teams converging in the area, a great deal of confusion, this is a

29,000 square foot plant, and so, they didn't know where he was. and, but they went in, they found him. he engauged in shooting at them and them shooting at him and they finally took him down. leland: learning a little more from the ap reporting now the police in aor -- aurora, not only the with unfelony, but six prior arrests locally including for domestic battery related charges. it will eventually bring up the question that if they had arrested him for these domestic battery charges, they knew he had applied for a firearms permit and they conceivably knew he had bought a weapon. why they didn't circle back then and try to confiscate that weapon or at least ask where it was. >> absolutely. i think that the investigation is going to show that some of this, unfortunately, with this guy, martin, it fell through the

cracks and that's one of the tragedies here. this is a guy who was, from what we understand going to be fired from his job and he was hell bent on going in there and causing the carnage which he did. >> we see this time and time again with the shooting incidents where something slipped through the cracks. >> absolutely, kristin. i can tell you, leland and i have covered in florida, and elsewhere many of these tragic incidents where someone has gotten a gun and they've been hellbent on killing and this is what unfortunately happened here and you can't stop this type of thing. leland: you and i have sat at this desk during sad situations like this and talked about it. it seems as though over time, starting with columbine, as the procedures have changed and how place deal with active shootings, rather than contain them, first responders run to the sound of gunfire and then the s.w.a.t. team follows. fair to say, without these

officers who went in, this could have been a lot worse? >> it could have been a hell of a lot worse. we have to know about the these bri brave police officers. the police officers have to go toward the danger and not away from the dangers. we should take our hats off to these first responders. leland: indeedment ted williams, appreciate you being here as always, watch developments out of aurora as they happen. thanks. with that, president trump facing a legal challenge now, less than 24 hours after declaring a national emergency in his effort to bypass congress to fund more of his border wall. ellison barber joining us now with the latest on what the president did and then the legal challenges filed this morning, hi, ellison. >> hey, leland. before president trump stepped food in the rose garden there were already threats of legal challenges, at least one in the system filed on behalf of three land owners in south texas and

an environment group. the environment group says their ability to observe wild life will be i am pa i remembered by a critical wall in the habitat will be destroyed. if the money became available in 2019 parts of the wall would be built on their property. the a.c.l.u. is planning to file a lawsuit early next week. at a press conference, the state's governor and attorney general told president trump, they will see him in court. >> president trump got one thing right this morning about his declaration when he said, i didn't have to do this. he's right. he didn't have to do this. in fact, he can't do this because the u.s. constitution gives congress, not the president, the powers to direct dollars. >> i don't want to be a sparring partner with president trump. we want to be a working partner, but he makes it all but impossible when he plays these games and manufactures a crisis

and creates the conditions where we have no other choice than to sue the administration. >> in washington, there is a lot of opposition, a lot of outrage from democrats. house speaker nancy pelosi and senate minority leader chuck schumer say this'll defend their constitutional authority in the congress, in the courts and in the public using every remedy available. the chairman of the house judiciary committee sent a letter to the president asking him to make white house counsel available and also officials with the department of justice. they want them to come over for a hearing in the coming days. leland: already 50 or so democratic members of the house on record on this. ellison barber following it this morning. ellison, thank you. >> you bet. kristen: for some perspective from the republican side of the aisle, i spoke earlier this arizona congressman and member of the house freedom caucus, andy biggs. >> congressman biggs, thanks for joining us from your home state of arizona. >> thank you, glad to be with you. >> i'd like to start by talking

to you about the border security bill that just passed. you voted against it and urmged president trump to veto it. i'm curious, what would you have preferred to see happen? would you have preferred to see another government shutdown? >> no, what i had done. i had sponsored a continuing resolution, a short-term spending bill with a number of other members of the republican conference that would have allowed us at least time to read the bill. number one. but also would have kept the government open and it also would have allowed the president to begin taking the funds as he wanted to do under the emergency order and title ten as he later did after signing the bill. that's why i felt it was necessary to step in and offer that continuing resolution. kristen: so you weren't thrilled that president trump signed the bill, but you do like the fact that he went ahead yesterday with declaring a national emergency? >> that's exactly what needed to happen since he signed the bill.

he needs to try and go get the money. i don't think that his statement undermined it, however, because the title ten, section 2808 which is the emergency act that he's operating under for at least a portion of this funding is, really broad and gives incredible power to the president. whether that's good or not is another debate. the fact that he has the authority, i don't think he undermined by saying he didn't have to do this, but the point he's trying to make, it's an emergency, just wish congress would have done its job. >> it's hard to see how he's not undercutting it a little bit when he says i'm declaring a national emergency, and in the same breath, i didn't really need to declare a national emergency. it's hard to see how the threat is this imminent when he makes a statement like that. >> well, i think-- i'm going to talk about three ways-- three pots of money. two don't require an emergency.

so he's going to get $700 million from the treasury asset forfeiture fund and 2.2 billion dollars from the title 10, section 284 abbictive drug corrr fund and he doesn't have to do with that the secretary of defense makes adjudication on that. he's going to get $3 billion. when he says he didn't have to declare an emergency, i don't think he's saying it any way or any stretch that there's not an emergency, that it's not exigent circumstances because having been on the border recently, having talked to border patrol agents even thursday, finding out more what's going on, it is a real -- it's a real emergency situation, in fact, fox ran a story thursday about the number of fentanyl overdose deaths in arizona. they call it mexican-oxi.

we've tripled in overdose deaths and that's a crisis. kristen: and i think it's going to be challenged in court and congress, the authority, and president trump has been already sued by one group and we know more are coming. i'd like to pop up a fox news poll. we asked voters do you support president trump bypassing congress and declaring emergency to build a wall? 38% favored it. but 56% opposed it and i'm wondering, are you worried about the potential impact that this might have on the republican party, especially heading into 2020, that it might divide it? >> well, that's a great point and i will tell you that i think that even people like myself who support what the president did, we're always a little bit careful or concerned about the executive taking these types, this type of authority, but by the same token, congress has authorized this type of activity. so, i do get concerned about what the base is going to say,

but i also saw polling this week, in fact, looking this morning, that the president is-- his activity's approved by something like 90% of republicans throughout the country. not necessarily for the wall specifically, but overall. and that's pretty solid for the president. >> all right. well, congressman biggs, i know this is going to take quite some time to play out in congress and in the courts. we'll see how it shakes out. thanks for coming on. >> thanks, kristin, good to be with you. leland: the democratic response from the other side of the aisle. the chairwoman, lady from new mexico, nice to see you, ma'am. appreciate you being here. >> great to be here, leland. leland: glad to have you. politico reporting, there is a flood of requests for people to be co-sponsors of a bill to condemn the president for making this national emergency declaration. you're not among them, why? >> i'm looking into it. what's true is that i don't

think this is a national emergency, but we do need resources along our border. i represent one of the rural stretches along the border and so getting the right mix to achieve border security is necessary, but we need to put that into having enough agents on the ground to deal with these changing circumstances, having the right technology which it can be a multiplier and making sure we have the right infrastructure and investing in our parts of entry as well. leland: when you say infrastructure, in some places a wall, a fence, physical barrier. >> 65% of the border i represent already has a physical barrier of some type. leland: does it work? >> some places where it's effective. leland: beto o'rourke and if you've heard it and if you're watching fox news, he says he wants to do away with all of the walls. >> i've come out and said we have to look at the border on a mile and mile analysis, growing up on the border and working on the border. we need different things in

different places, so in places where it takes seconds to minutes, to cross the border and then get away without detection, we-- physical barriers can be helpful and in places where it takes days to cross the desert. we need agents on the ground and technology. leland: this brings up an important point and it's great to have you as somebody who is an expert on this. you represent a district on the border. and what we hear from you is not that different than what you heard from will herd on the other side of the aisle and farther east from you, but same sort of much more nuanced response. >> i so appreciate you recognizing na. leland: it's a nuanced response. what's fascinating, you talk to members from either side of the aisle who represent states far from the border, thousands of miles away and they are experts on exactly what has to happen and dogmatic in their approach, tear down the wall or all we need is a wall from sea to

shining sea. is congress the right place to adjudicate this where goes where or big a chunk to border security and do what you need to. >> congress is responsible for the funding decisions as well as for the oversight and that's why when we appropriate funds, it's important to make sure that the exactly-- that they're using it in a way that adapts to changing threats and circumstances and as the submari submarine-- subcommittee chair we have to make sure we have agents on the ground. we have a challenge with retention on the ground in the rural stretch. >> when you say retention, there were a lot of democrats who wanted to limit the amount of people retained. >> i mean retention of border patrol agents, in the most rural areas. and when you look at how money is spent we need to make sure we're getting those people on the ground. leland: are you confident that this amount of money that has been passed is going to make a

difference in your district? >> i am-- want to make sure that-- and frankly, i think that the agreement that was made was a good starting place, we have people-- something that doesn't-- i'm new to d.c., but i'm not so new. leland: you'll learn, just wait. >> and we had people agreeing, democrats and republicans getting together into a room, finally, and agreeing on a bipartisan solution. so i think that's the start. and i think that's where we should focus instead of undermining that agreement by declaring a national emergency. leland: interesting perspective. we appreciate you being here. in d.c. they can always agree to spend more money, that's an easy agreement often to get. we're glad to have you. we'll have you back. >> thank you. leland: good to see you, ma'am. kristin. kristen: coming up, a new twist in the hate attack investigation involving "empire" star jussie smollett. why police just released two suspects. and the new attorney general,

we'll talk to a former justice department official on how his appointment will affect the mueller investigation. as an a celebration of amazon pulling out of new york city. congresswoman alexandria ocasio-cortez tries to explain why they're happy. >> everybody on the community stood up and wanted a say on what's happening in their own back yard. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna.

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thursday, simply as persons of interest. then they were formally arrested on friday morning, and labeled potential suspects. by friday evening, they were free men, once again. with the chicago police department spokesman saying, due to new evidence as a result of today's interrogation, the individuals questioned by police in the "empire" case has now been released without charging and detectives have additional investigative work to complete. that statement came just hours after chicago police had said they had probable cause to believe the suspects committed assault and battery against actor jussie smollett after he left a subway sandwich shop in chicago in the early hours of january 29th. the two men are apparently brothers. they are originally from nigeria and police say at least one of them worked with smollett on the set of the fox tv show "empire." now in the early stages of this investigation, police released

two images from the security camera of two people they want today talk to. jussie smollett was asked in an interview this week if those two were the men who attacked him and used racist and homophobic slurs and put a noose around his name and shouted this is maga country? listen to this. >> and i was-- we're getting somewhere. i don't have any doubt in my mind that that's whoever did it. >> there have been reports including from our own matt fin, our reporter in chicago police have been looking into the possibility that the entire attack was staged, but on thursday, a spokesman for the chicago p.d. said those reports were, quote, uncon foirmd and today, that same spokesman told me smollett is still, quote, the

listed victim in this case. one final note, leland, jussie smollett has hired a high priced defense lawyer and that may prove to be significant. leland: noteworthy that the statement from the chicago police brings up more questions than answers. jonathan hunt in l.a., back to you as news warrants. thank you, sir. >> sure. kristen: 2020 democratic hopefuls are responding to president trump's national emergency declaration, vowing to block the president from obtaining fund to build his proposed border wall. garrett tenney is live from the winter meeting in washington with more. hi, garrett. >> kristin, good morning to you. good afternoon. this battle of the border wall is shaping up to be one of the leading issues in the 2020 race and many democrats looking to challenge president trump are weighing in on the national

declaration to build the wall. >> border security should always be for our country. where do we need to put the resources so the border is safe. what the president is doing is irresponsible and misuse of public resources. >> it's not a question of wanting to keep the country safe. what president trump wants to do is build a medieval style of wall out of concrete and one that will destroy not just the community, but the environment and it is a hateful message. >> here at the dnc's winter meeting there's a lot of focus on preparing for the 2020 elections and today, the democrats are out in force in states such as new hampshire, iowa, and south carolina. former vice-president joe biden though is mingling with world leaders today in germany at the munich security conference and spoke a short time ago and criticized the trump administration's immigration policies. the america i see values basic

human decency, not snatching children from their parents, or turning our back on refugees at our border. americans know that's not right. >> and this week, told fox news that joe biden is almost certain to enter the 2020 race although an exact date when he will do that is still up in the air. >> we'll be watching. garrett tenney, thanks so much. >> you've got it. kristen: lee hand. leland: new legal challenges to president trump's declaration of a national emergency on the southern border. the president in florida for the long weekend. phil keating with him as well. hi, phil. >> hey, leland. currently 39 degrees in the nation's capitol. 80 degrees and sunny here in palm beach county. plenty of rich and famous are here for the big president's day weekend, that includes the trumps. coming up, i'll tell you exactly how he's spending this saturday.

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>> president trump is spending the long weekend down in palm beach. his team is spending the president's day weekend preparing their response to growing legal challenges over his national imagine declaration at the southern border. phil keating, part-time weather forecaster, full-time news reporter down in west palm beach. the president is at his golf club, looks like a pretty good day for it. >> could not be more perfect in the 70's and now 80 degrees. the lawsuits first have been filed now against the president's national emergency declaration. more lawsuits certainly are to follow and the president himself should be wrapping up his 18 holes of golf. he's been at his trump international golf club since about 8:30 this morning. the white house certainly expected legal challenges against the national emergency

declaration and the administration has indicated they are prepared to fight. air force one and the first lady, as well as the president, all landing in west palm beach last night around 6:30 p.m. and a small crowd was invited to the tarmac and the president and first lady greeting them warmly and signing autographs. and in the rose garden the president indicated he was signing the deal averting a shutdown and an emergency, and more for the law than what the compromise legislation gives. >> it's not complicated, it's simple. we want to stop drugs from coming into our country. we want to stop criminals and gangs from coming into our country. >> a few people who disagree with the white house are california's governor and

attorney general, both democrats. california will be filing suit against the national emergency declaration and says the wall is nothing more than a vanity project. >> a monument to stupidity, a wall that will do nothing to impact drugs coming over our border. ask any expert. don't ask politicians. certainly don't ask the president of the united states. ask any expert how these drugs are getting across the border. >> most of the critics of trump wall say it's coming-- the drugs are coming through regular ports of entry, hidden in cars, and trucks, actually. the first of the lawsuit is filed on behalf of three texas land owners and an environmental group. again, the white house is certainly expecting these to come and more of them will. he has no public events scheduled for the day, and i'm sure i mentioned at the top of this, leland, it is beautiful and 80 degrees in palm beach

county. back to you. leland: and you look as though you're enjoying it as well. our best to you and the crew. thanks for being down there, phil. >> yeah. leland: all right. kristin. kristen: the former acting fbi director andrew mccabe is saying in a 60 minutes interview that rod rosenstein seriously discussed invoking the 25th amendment against president trump. for more on this let's bring in former justice department prosecutor and partner at a law firm, james, thank you for coming on. >> good to be here. kristen: let's start with the 60 minutes interview with andrew mccabe airing on sunday night. if we could play a clip of that and i'll get your comments on the other side. >> the discussion of the 25th amendment was simply rod raised the issue and discussed it with me in the context of thinking about how many other cabinet officials might support such an effort. >> rosenstein was actually openly talking about whether there was a majority of the

cabinet who would vote to remove the president? >> that's correct. counting votes, or possible votes. kristen: now, rod rosenstein has disputed that account, but quite a charge. what do you make of it? >> i think if there was a bar that only served people with bad credibility, you'd have cohen, avenatti and mccabe as waiters. from the inspector general, he is trying to hawk a book and firing in disgrace and i think he's repeating things to the media had a didn't happen. kristen: he's been talking about this book and how you have republican lawmakers calling on mccabe and rosenstein to come to congress and testify. do you think that we would get anything new out of that or is this just going to continue to be more of a he said-he said.

>> i think what goes into this is more about fireworks than truth. and i'm not sure that the inspector general will be able to get to the bottom of it, and that's an alternative that we've been seeing in this m mueller probe. it's going to be tough. i think that rosenstein will hold up well if he did something as fantastic, as crazy as invoking the 25th amendment. kristen: a lot of more in the special counsel's investigation i want to get to. the news that paul manafort violated the plea deal and the judge saying that he intentionally lied to the fbi and i'd like to read a very request i can line from mueller's sentencing memo from manafort. >> given the breadth of manafort's criminal activity, the government has not located a comparable case with the unique away of crimes and aggravating factors. quite the statement. what do you read into that? it's a common exercise for the government and defense look at comparable cases and say this guy got x years or probation.

in support of their argument. here they're talking about a case of mr. manafort was accused of obstruction before the trial and then a breached cooperator, it's an unusual territory and a lot to talk about. kristen: so he's facing-- mueller is recommending 20 to 24 years, that's essentially the rest of his life behind bars? >> it's a big hit. the weird part, the breach and fighting about whether he lied and whether the lies are material is taking place in the d.c. case where there's only ten years of exposure. but the trial case from alexandria is wide open with a ton of exposure. kristen: yeah, well, that's going to be a lot to watch and a lot of new developments in the coming weeks an and months. thank you. >> good to be here. kristen: leland. leland: why are so many 2020 democratic presidential hopefuls signing up for alexandria ocasio-cortez new deal, including its war on every cow in america? and, gentlemen, start your

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>> a new york congresswoman blasting one of her own over the amazon canceled plans. she represents the area amazon would have had 25,000 jobs. and said sarcastically, now we're protesting jobs. alexandria ocasio-cortez responded. >> it's everyday people in the community stood up and they wanted a say in what was happening in their own back yard. leland: with that we're bringing in radio host, john, good to see you as well. has alexandria ocasio-cortez

jumped the sharp and protesting now and celebrating if you will ending this project? >> you would have thought she jumped the shark last week when she banned cars, planes and cows. but it looks like she had an encore performance this week. if you look at the quinnipiac poll that comes out-- >> you want to follow the television analogy, her ratings continue to be up. everyone a breathlessly following her around the halls of congress and setting the agenda for the 2020 presidential candidates and she hasn't even been here a couple of months. >> yeah, i know, but it's a narrow following. it's a very noisy following. people shouldn't confuse twitter followers with, you know, the rest of the world. 60% of queens residents wanted amazon to bring in and bring 25,000 jobs. the percentage of people against it in queens is 26%. maybe she represents a quarter of the people in the entire

borough. not only 25,000 from amazon, but the other tech companies that would move in. it becomes a magnet like in seattle and silicon valley and then you have the support bests and restaurants and hotels and raise tax revenue. hundreds of thousands of jobs, billions and billions in tax revenues and it's all been stopped dead? and she wants credit for this? >> and the reason it was stopped dead, they said they didn't want to give the tax credits and felt it would raise rents, et cetera, et cetera. and it brings up an important point that she-- you say twitter doesn't matter. she may be the more vocal of that group and you consider the alexandria ocasio-cortez green new deal program. >> i'm sorry, the sound dropped out. leland: that she put forth -- i'm thinking we're having an issue with your ear piece, and i'm guessing that you can't hear me right now. is what i've been told. so, we will take a break. and come back in a couple of minutes with john. oh, now john can hear moo he

again. welcome back. you talk long enough, we figure this stuff out. we will put up the list of 2020 candidates who have had to respond to alexandria ocasio-cortez's green new deal. either supporting it or praising it. the original question remains the same. what's the danger for democrats when you've got a freshman congresswoman setting the agenda for your presidential candidates? >> they're going to go off a cliff. you're following a 28-year-old woman who never ran a business in her life. she's never been married, never had a child, never been on even a local zoning board, never contended with real life before. and she wants to remake the entire planet and remake the agenda for one of the largest political parties in the country. leland: so what's this-- >> it's absurd. leland: all right. you've got that on one side. the rule number one in politics

when your opposition and opponent is ready to jump off a cliff. don't get in the way. are the republicans and president trump disciplined enough to let that happen, as you suggest? >> well, i don't-- i don't ever have any faith in politicians doing the right thing, but if they were smart, they would just shut up and let her keep, you know, banning cows. i mean, the more she's out there, the more she's the face, the more people are going to rebel and probably within her own party. you're not going to see-- >> we already saw that. we had a congresswoman woman on she's not supporting the more radical of her group. and good to see you, next time we'll have the tech issues ironed out. thanks for bearing with us. >> thanks very much. good to be here. leland: good to see you. kristen: up next daytona 500 is happening tomorrow. our rick reichmuth is there.

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>> excitement is building for the great american race. the daytona 500. our own rick reichmuth is live

from where else, daytona beach. how is the weather? >> it's great. which is why i have the best gig this time of year to get out of new york and northeast and come down to florida. weather is such a big factor for the race and any kind of rain they stop the race and postpone it and often until the following day. weather should not be a factor for the race at all. it's the biggest sports race of the year and also the first race of the year. they begin with what is kind of their super bowl and the event is tomorrow. today, there's xfinity series, it's kind after recurser race, 300 miles of a race instead of 500 like tomorrow and you can see them getting ready for this. they've got the cars down here and the pits are set up right here at the exact same track. tomorrow's 500 miles, likely takes around three to four hours to be run and is always full of excitement when you talk to any

of the drivers, they say it's their favorite event of the year. and austin dillon won it last year and he's feeling good about this year's race as well. pretty much everything is the excitement for the crowd that comes here. if you've ever been, kristin, to a nascar race, it's one of the best events for the spectators. they have such close-up access to the drivers and to the cars, and to the pit crew, and that makes the excitement palpable. and then not to mention the noise and sound you get from the cars going by. it's an absolute must-see and must-do experience. the big race tomorrow at 2:30, kristin, it's going to be on fox. kristen: only been once, you're right. and seeing it in person and on tv are two totally difference things. you've got the best seat in the house. have fun. leland: it's a life changing experience the first time you go there. coming up, police identify the gunman behind the deadly aurora

shooting. mike tobin is on the ground as we learn more about the gunman. hi, mike. >> hi, leland. the police chief out here says the gunman in yesterday's mass shooting should not have had a weapon. details are coming up. had quicksilver earns you unlimited 1.5% cash back on every purchase, everywhere. actually, that's super easy. my bad.

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will be a beautiful saturday here in washington d.c.. >> but not yet! >> not yet. welcome to "america's news headquarters" from washington i am leland vittert. >> and kristin fisher. here is what's making his retina. a day after gunmen opened fire on coworkers in a warehouse outside of chicago a community mourns and a police officer hospitalized here. >> the president's emergency declaration to fund the portable. we break down the opposition and how the white house is fighting back. >> and 2020 democratic presidential candidates are hitting the road this weekend. california b7 kamala harris visiting key early primary states. in south carolina. leland: a fox news alert in the past hour or so we've learned a lot more about the gunmen that allegedly killed five and injured five police officers in aurora, illinois. police saying he should not

been able to own a gun in the first place. mike tobin on the ground in aurora with the latest also chicago. hello mike. reporter: hello leland. we just learned from the police chief that he had multiple run-ins with police. six arrests here, one providing order protection for traffic violations, domestic violence, in 2017 arrested for disorderly conduct. specific to gun ownership he had a felony from 1995. when it was discovered through fingerprint analysis his concealed carry permit was rejected and identification card revoked. but still, the gun he applied for and purchased in 2014 was left in his possession. >> that is what we are determining right now as part of our investigation. what happened with that and we are helping to afford that to at a later time. he was not supposed to be in the position of a firearm.

reporter: the shooting started at a termination meeting where he was fired. five victims range from human resources intern, human resources manager. the plant manager, a mold operator at the plant and a stock room attendant. police say martins gun was a 40 caliber smith and wesson handgun. multiple magazines were found spent at the shooting scene. the shooting, most of the gunfire lasted only five minutes. but the whole shooting route for long. of time because martin retreated back inside of this 30,000 square-foot plant and simply took the responding officers a while to find him and confront him. of the officers who were shot, or injured none were killed. they are either listed in stable condition, released from the hospital or in the process of being released today. leland?leland: mike tobin, thank you. a little perspective here, this marks the second mass shooting of 2019. the eighth in the last 12

months. you might remember february 14, valentine's day of 2018, 17 were killed and another 17 wounded in the shooting at marjory stoneman douglas high school in parkland, florida. kristin: april 22 of that year, four were killed and four others injured when a gunman opened fire at a tennessee waffle house. leland: may 18 2018 10 killed and 13 injured in a shooting at santa fe high school in texas. kristin: then just over one month later, five killed, two more injured on june 28 during a shooting at the capitol gazette newsroom in annapolis, maryland. leland: october 27, 11 killed and six injured when a gunman targeted the tree of life synagogue in pittsburgh. kristin: less than two months later on november 7, 12 dead and at least 18 injured in a shooting at borderline bar and grill in california. leland: january 23 of this year, five people killed during a shootout at the suntrust bank. that in florida. kristin: really puts it into

perspective. leland: we covered these way too many times. kristin: yeah. bakhtin is in washington. president trump facing a legal challenge after declaring a national emergency on the u.s. southern border just yesterday. ellison barber is live with more. reporter: one lawsuit was filed yesterday. that on behalf of landowners in south texas and a nonprofit environmental group. more lawsuits are on the way. the aclu says they will file one early next week. house speaker nancy pelosi and senate minority leader, chuck schumer, say they will defend the constitutional authority in the congress, in the course and in the public. using every remedy available. president trump made it clear yesterday he expects to fight this in the supreme court and opponents are ready to use his own words against him. when the president declared a national emergency in the rose garden yesterday, he talked about the need for a wall and border security. but he also suggested that he did not absolutely need to declare a national emergency. listen. >> i could do the wall over

longer. -- longer period of time. i didn't need to do this. but i want to do it faster. >> the president that one thing right about his declaration. when he said i didn't have to do this. he's right. he didn't have to do this. in fact, he can't do this. because the u.s. constitution gives congress, not the president, the powers to direct dollars. reporter: the california governor and attorney general expected to see the president in court and suggest a multistate lawsuit is on the way. >> we want to be a working partner. but he makes it all but impossible when he plays these games. and manufactures a crisis and it creates the conditions where we have no other choice than to see the administration, join other states, my partners in the federal government to do the same. reporter: most republicans say

the president is acting within his power here. that this is a real emergency and something he needed to do. a handful of republican senators however, are expressing some concerns. particularly at this emergency declaration. kristin: thank you. leland: all right, we bring in the form of trump administration epa official, founder of energy 45 april trump nonprofit advocacy group. nice to see you, cleared up first. did have to do this or not? >> he absolutely did. leland: he said he didn't though. >> he had to do it. i worked with the president and the ministration. i've been in the trenches with him fighting for practical solutions. we got together thought about this he was comes out strong. that is what we saw yesterday. declaring this national emergency were issuing this national emergency declaration. it is something that had to be done to address the ongoing crisis at the border, human traffickers. leland: help me understand this though. the president himself said, it did not have to be done.

you are saying that it did. where is the difference? >> i would say he worked with congress, he tried to work with congress and he got a trillion dollars to fund department of home security. but that just wasn't -- leland: not just a -- >> yes over a billion. leland: it was over a billion to fund the wall just more to fund dhs. >> yes. exactly. the best thing he can do to address the ongoing crisis at the border is to build the wall. and it is simple. walls work and what he's had to do in going to congress is deal with an extreme party, an extreme democrat party has gone so far to the left that they want to go out there. leland: two years he was dealing with the republican party and he could not get the money. he did not declare an emergency then. why is it in emergency today? emergency you call 9114.you

don't say i could call 9-1-1, i might not have to, i will negotiate a few weeks and then do it. why is it an emergency today? >> has been fulfilling his promise to build the wall since the start of this administration. in the broader domestic policy agenda, that is what he was working with republicans in congress.what we've seen more recently as an uptick in the crime, drugs and human traffickers coming over the border. he has issued this declaration to address it in a very effective manner. leland: let's look at the polling by this. 38 percent of americans favor president trump bypassing congress and declaring an emergency. 56 opposed. it is shockingly close to his approval rating. how much of this is the president realizing that he has got to figure out a way to protect his flank coming in november 2020? and if he is not made significant progress he is to find some to blame. he declares a national emergency and judges issue an injunction as we already see have legal challenges, people don't have to blame him, he doesn't have to take

responsibility. >> this is not about politics about keeping america safe. the other side show they are willing to inject politics into an issue that should be divisive. >> your questioning motives. >> the other side, absolutely i am questioning their motives. >> and the fact that he campaigned on this does not make it a political issue? >> of course he campaigned on it. but today what we are faced with is a serious crisis at the border. the president has been working with congress to try and get the right funding and try and get the right type of technologies in place to assist with protecting our borders. and today it is all about keeping this country safe. >> mandy, communist dennis paid the president has been working for two years with a republican kindness. somehow they could not get the border funding figured out them. we will let the viewers decide.

i stomach figure was changing your mind and in the presidents mind other than the fact that now there's a democratic congress and suddenly it is an emergency. >> i think was changes with the president later essay during his press conference. there has been an uptick in drugs coming into the country. sitting in the front row, was mothers from angel mothers who had lost children because of an inability to keep this country safe at the southern border. and so with the president has done, he's declared a national emergency using legal authority, clear legal authority. it's been used in the past. it is all about him placing americans safety at the upmost party. leland: we will see how clear the judge's of the ninth circuit think the legal authority is in the coming days and weeks. we appreciate you being here ma'am, thank you. >> great, thank you. kristin: democratic hopefuls gearing for the 2020 race going to challenge the emergency declaration on the border. gemina, zach friend and nathan

rubin. founder of millennial politics. welcome to the show, gentlemen. >> great to be here. kristin: let's start by just talking about the fact that this week really felt like the start of the 2020 campaign. you've all these democratic candidates this weekend. then it started monday with the president and beto o'rourke holding to rallies in el paso. at the rally the president really gave us a solid preview of what his attack line against the democrats is going to be. in 2020s of the democratic party has never been more outside the mainstream. he called it the party of socialism. late-term abortion and open borders. so zach, i will start with you. what do democrats need to do to counter that message and what should they say going forward to counter that? >> i think to some degree the democrats just need to be the adult in the room. right now there's a lot of

rhetoric actually on both sides. animal seems a in a perpetual primary season meeting there was actually trying to govern toward the middle. everyone is trying to find some sort of extreme position to plant their flag with. i think of democrats can show that they can actually govern and not get caught up in a lot of this mess in the day-to-day new cycle i think they will be rewarded, they were rewarded in the midterms and i think they will be rewarded in the 2020 presidential. kristin: nathan, what about you? >> i have to agree with what zach friend is saying. the idea that democrats haven't been in the mainstream were so far out of the mainstream, was the result of the 2018 midterm elections. democrats won four more votes a republican spray they flipped one chamber of commerce, house of representatives and the acting on their mandate.their past hr one which is all about reform. even if using gun-control legislation for these policies are popular with the american people and like 19 said, they are the adults in the room at this time. speech are spoken to a lot of people that say they are concerned they will have to

move so far to the left during the primary that they may not be a viable candidate against president trump in the general election. are you two worried about that? zach, we start with you.>> i think there is a tale of two elections going on. which is to say the primary and the general. ultimately, this will still be decided in the industrial midwest. it's possible you'll get additional states. they north carolina, maybe georgia. ultimately i think the general election message will go through pennsylvania, ohio. i think it will be the candidate that can speak to the voters on a economic populism message that will play appeared today what we are hearing is noise and distraction techniques to get us to 2020. someone that can cut through that and actually reach the greater base. i think they will win in 2020. kristin: nathan, who do you think that person might be? someone that can cut through it all? >> it is a little early to tell but i think that zach is right about the economic populism message.

the idea of the green new deal reinvesting the communities or a high marginal tax repeat these are popular ideas with the american people particularly industrial midwest. even things like medicaid -- medicare for all. there is a common statements that they are championing and at the people in the midwest will resonate with that. kristin: quick i want to pop up a new fox news poll from this week that said 84 percent of democrats believe a democrat will be able to beat donald trump your 33 percent of an excellent chance, 51 presents a good chance. only about 28 percent of republicans think that a democrat will be able to beat donald trump. a word about democrats perhaps, overplaying their hand? and thinking that beating president trump is a done deal? are you worried about that? >> i don't think democrats should go by the polling numbers. i think they should move the poll numbers. i think you need to go to front, make the argument to the american people and let the chips fall where they may. kristin: zach? >> i think no one thought obama

would win you know eight. i don't think that that he would win reelection at 12 and they did not think that trump would win and 16. any poll today i don't think will forecast anything at 2020. you have to keep your head down, speak beyond the noise and every single day seems like a lifetime in the new cycle right now. i've no idea who will jump into the race, no idea what the president will say in the next 24 hours nonetheless, the next two years. they live a lifetime until the 2020 election.kristin: we really do, and we don't even know for sure, joe biden will be in the race. there were reports this week sources told fox news that he is almost certainly entering the race. when that happens it changes everything. nathan rubin, zach friend, thank you for coming on the show. >> my pleasure. leland: joe biden making a lot of calls certainly bucketing in. nasa and a study of twin ass nuts and defective living space on the human body.

plus the justice department saying a former counterintelligence agent gave top-secret information to iran. we are talking at the border, jackie heinrich on the ground on the rio grande. reporter: hi, leland. here in eagle pass there one mile of border fencing and on the mexico side there is a caravan of central american migrants sitting in long wait times and poor conditions as they seek asylum. we'll show you some of the dangerous measures they are taking to make it to the u.s. soil. to give you the protein you need with less of the sugar you don't. (straining) i'll take that. (cheers) 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors.

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river rescues. on thursday 17 central american migrants were in the river in three different incidents. helicopter search team found a group of eight people stranded on a small island after calls from the river at 2:30 am. later that same day two of the groups became overwhelmed by high weather levels and a swift current. of 17 rescued, seven of them were children. >> yes, we are conscious. i will try again if i have time and i can't try right now. it could be sometime during the rest of my life. but as long as i'm alive i have hope. reporter: but not everybody makes it out safely. often the fire department pulls bodies from the water. on their side of the border in mexico, tensions are rising as some 1600 central american migrants report long wait times and poor conditions as a way for processing. it could be weeks before their cases are heard.

only 20 people get pulled over each day for their credible interviews required to seek asylum. the conference rooms here have already been converted by immigration facilities are at capacity. while the presence national emergency proclamation is ready facing legal challenges, what a patrol agency the fence here actually plays a vital role in protecting the downtown area. from having the migrants try to cross. they say it acts to push migrants that are trying to make illegal crossings to outskirts of the city were agents can apprehend them more easily. leland? leland: real quick, jackie. quit reporting on the ground as this goes on. beto o'rourke, former congressman texas says he wants to tear down all of the border fencing. he had a chance to ask anybody about that down there? residents, border patrol agents, etc.? reporter: we have not been able to ask anyone today about it. we just arrived here this morning and it is a weekend. we plan to ask more questions but we know that the team has been here for the last week. they were speaking to a lot of

local officials, the fire chief. and some local people who said that they do rescues all the time. and at capacity here. they are very busy, this is an active area. only 20 points across the entire border of texas that processing happens. people do try to cross in areas where there are not facilities and it makes for it to be very dangerous and puts a strain on local resources here. we are trying to save peoples lives as they take dangerous measures to make it to the u.s. soil. leland: you make a great point as well in the number of responders and ages that put their lives on the line rescuing folks in the regular grand ended the desert as well. great reporting, keep it up we will talk to through the weekend. reporter: thanks. kristin: results from a study by nasa raises new questions for scientists as long durations become more feasible with advancements in technology. the tests allow doctors to see how years or when you're in space would impact the human body. even at the molecular level.

doctors saw a more hyperactive immune system where genes turned on or off in space differently than they do at home. the biggest concern though was that astronauts exposure to radiation. scientists believe it wouldn't necessarily -- so far they have not been anything that would make a 2 and a half year trip to mars impossible.the study is a way from talk about physiological and alleviating some of those things. but being away for 2 and a half years, do you think that you could do it? leland: not with you but maybe somebody else perhaps! kristin: i would want to do with you either! leland: i'm glad that we cleared that up. i'm feeling the love! i am worried that we would have to do a you know, obituary, if you will for the mars rover that was lost.

i knew that you had a tough week. i will send flowers for you. kristin: i know, it's been a tough week and elon musk, you never know where he is heading. we are waiting to see where you going with this so i'm glad that you did the mars rover and not elon musk. leland: coming up, interesting story and the follow from this is far from over. a former u.s. air force intelligence agent charged with spying for iran and betraying america. will talk to national security experts on the defectors motivation and what this means for u.s. strategy vis-c-vis iran. and carmen is a kristin fisher feels about anchoring with me. canines cannot hide their excitement when it was time for their owner to receive these packages. well, here they come! we will show you how the ups

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leland: and a fox news alert as we now know the identity of the five victims killed in over illinois manufacturing plant outside chicago. will take a minute and review the names. clayton parks, trevor -- russell -- and josh -- killed after factory work become one of their coworkers open fire. five police officers and one employee were also injured in the attack. police there said the officers are in stable condition. local police identified the government is a 45-year-old, gary martin. officials say that he was set to be let go from his job of 15 years. he was killed at the scene. in a shootout with police. kristin: vice president mike

pence slamming america's closest allies for undermining u.s. sanctions on iran and calling european nations to withdraw from the 2015 iran nuclear deal during a security conference in munich germany today. for more let's bring in hudson institute senior fellow and national security analyst, michael -- excuse me vice president mike pence had very strong words for our european allies say let's listen to what he said and i will get a reaction on the other side of this. >> the time has come. for all of us to act. the time has come for the european partners to stop undermining u.s. sanctions against this murderous revolutionary regime. the time has come for the european partners to stand with us and with the iranian people. leland: the vice president made the remarks right after the german chancellor, or angela merkel spoke and defended

germany's decision to stay in the deal. what you make of this? >> our european allies, fortunately, were in the jcpoa or the iran deal for economic benefits of going into iran economic sectors. but it is just not worth it. why would you invest in the economy that sponsor terrorism and continues to proliferate weapons that imprisons women, hangs homosexuals, and why would you celebrate the 40 year anniversary of the reigning regime? kristin: yes and what you are referring to our the reports that german diplomats and berlin silver in the 40th anniversary of the islamic revolution on monday. and the u.s. ambassador to germany says no should confuse the desire to have dialogue with a celebration marking 40 is a brutality. is that appropriate? >> i was the european allies actually listen to their meaning people and how upset they are with the regime. the iranian people are not celebrating 40 years of this regime and our european allies need to listen to them. kristin: i want to turn to the news that broke this week about

a former sergeant that defected to urbana 2013.she is accused of doing some really terrible things that really undermine national security here in the united states. i want to read you one thing that douglas, the former senior intelligence official told the "washington post" on a scale of 1 to 10 i believe that she was a seven or eight in terms of damage that she did to the national security. do you agree with that assessment? >> i do. access to two different programs. she was able to tell iranians how we listen to them and with the national security agency does. she was a voice interceptor when she learned persian at the defense language institute in monterey california. she would've had access to our highly classified signals intelligence selectors meaning individuals in iran that we were looking at. in the most important thing she could tell iranians and they been able to use this is selling a narrative that they are adhering to the iran deal and how to message the nsa and signals intercepting.

the nsa listen to, they come out and say you're actually not cheating. >> what about the damage to human intelligence and the spy networks? i mean, i believe she is accused of revealing the names of double agents? >> yes that is the biggest thing. the name that we give agents in iran and other places. once the names are divulged to the authorities they disappear. and it also makes it very difficult to cia case officer or dia case officer to go into the country and recruit additional sources because a recent examples of the betrayal and seeing former sources disappear. kristin: how could this information she was giving to the iranians, how could this have impacted negotiations for the iranian nuclear deal? she defected in 2013 and the deal was signed in 2015. >> by hurting the intelligence capabilities and the networks.

signals intercept and it is funny -- kristin: they go! >> signals intercept and you can message us. i had an experience on capitol hill when i spoke to democrat on the fence on supporting the iran deal. he said i've seen signals intelligence say they are not cheating. and i said did it sound something like this? my name is so-and-so, i'm in charge of this department, i am adhering to the jcpoa and we are not cheating.it's also so they say, stay long enough for the nsa to actually hear it and then put on the report and say that you are not cheating. unfortunately, our intelligence communities believe that if someone says something on the phone they're not lying. kristin: such a troubling story to learn about. thank you, michael pregent. leland: controversy over handling of sexual abuse by catholic priests. the pope has defrocked a cardinal, head of a major conference about how to do it the scandal. bryan llenas joining us with

more from new york. reporter: this is the first time ever a cardinal has been defrocked. in other words, expelled from the catholic priesthood. as a result of the church sex abuse scandals. a former cardinal mccarrick will no longer be able to celebrate mass or identify himself as a priest. he is now known as mr. mccarrick. the decision by pope francis to strip him of his priesthood, comes after vatican officials found him guilty of abusing his power to commit an unspecified amount of crimes against minors. they say he began groping one for decades. last summer pope francis stripped him of the title is cardinal. the 88-year-old was was the archbishop of washington d.c.. one of the most powerful people in the u.s. catholic church.

>> the abuse in this cover-up can no longer be tolerated and the different treatment for bishops who have committed abuse in fact represents a form of clerical -- it is no longer acceptable. reporter: mccarrick first became a priest in 1958. despite sexual abuse allegations he found us of being promoted eventually to the archbishop of washington d.c. by pope john paul ii. today, the archdiocese of washington said this quote - our hope and prayer is that this decision serves to help the healing process for survivors of abuse as well as those that have experienced disappointment or disillusionment because of what former archbishop mccarrick has done. the timing of the decision is not coincidental. catholic church leaders reportedly wanted this mccarrick trial wrapped up in time for the vatican summit on sex abuse which begins on thursday. the february 24. pope francis created this summit after grand jury report

last summer found more than 300 priests sexually abused children in the state of pennsylvania. leland: and growing calls for the pope to do something and take more severe action. perhaps this is just the start of it. we watched a conference coming up in a couple of weeks. thank you, bryan. reporter: of course. kristin: coming up, and other iconic american retail chain extinct. and the u.s. -- industry. we will talk about lost sales.

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we're finally going on the trip i've been promising. because with expedia, i saved when i added a hotel to our flight. ♪ so even when she outgrows her costume, we'll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia. kristin: it's been an american brand for more than 60 years. now payless shoes announces they will close all of their u.s. stores by may. they filed for chapter 11 bankruptcy in 2017. liquidation sales start on sunday.

leland: kristin fisher will be at the stores.♪ ♪ leland: with less than two e. for the new round of tariffs may going to play some planes of chinese products, american industries sounding the alarms over potential trade war. in a report released this week from the distilled spirits council shows the effects that tariffs are having on their industry. over the first half in 2018 u.s. experts were up 38 -- exports were up. since terrace went up to effect in june they are now down eight percent. with that let's bring in the owner of -- spirit, paul, good to see you. appreciate it. >> great to be here. kristin: leland: hasn't had a real effect on your bottom line? if so, what is it and what does it mean for your employees? >> i think they're really hurting us. we are just a pawn in the game but at the same time we are down quite a bit more than

eight percent. some of the export markets are seeing losses of north of 80 percent of the sales.and this is something very challenging for us because we were not necessarily counting on it. leland: no. >> of last several years with our friends at the distilled spirits council and american spirits association is partly funded by the u.s. government self. it spent a lot of time with effort and money trying to build up the efforts only to have it taken away with tariffs. >> economists that support the president on these tariffs would argue, had to endure a little bit of pain to try and level the playing field. at the same time because the tariffs will help create jobs in the united states. they will be this big uptick in sales in the united states. because the economy is getting a lot better. have you seen that? >> yes, certainly we are seeing some decent growth across the u.s. with our business. but as far as macro economic effects with tariffs, we tried

to make the best music and and sell it all over the world and we are seeing historically some pretty good success but only to see it taken away with tariffs. leland: the president talked yesterday about this. obviously the dow is up, possibly the deal with the cheese that would avert more tariffs, here's what the president had to say and then we will get your response. >> i happen to like tariffs. okay. we are taking in billions and billions of dollars. in terrace from china. i love tariffs but i also love them to negotiate. leland: thoughts? >> well, certainly tariffs have a place in a countries economic policy. all i can see is the effect on us and is really hurting us. and partially it is picking favorites and partially it is picking winners. all i know is that what i can see is sales going down overseas.

at the same time we tried to grow everywhere else. leland: sales going down overseas. as a having effect in terms of employees? are you hiring fewer of them? are you laying anyone off? >> were not laying anyone else. we have employees but i like to think of them as family.we are trying to grin and bear it. some of the growth in other markets is helping to offset that. in addition, last year, the tradition of tax parity with beer and wine is given us some great strides to be able to make things more even and so, where the president's initiation of tax parity was extremely helpful and something we certainly hope to continue, with a recently introduced bills this is certainly detrimental. leland: interesting. how long can you hold on? i know folks are like family

but at some point business is business. hello can you hold onto sales being down 80 percent places before you stop making tough decisions? >> i think we are doing fine. gently caress the markets in the u.s. we are doing great. historically exports have been a little bit of the cherry certainly something we are trying to really continue to build on. if we are not able to continue to build that, most of our employees would certainly be fine, certainly a question of making sure that we are able to continue spreading the message and as you are i am sure aware, experts are very beneficial because it brings resources from overseas, domestically into the united states. which we should all be in favor of. leland: brings back foreign investment. i think i learned that part of economics class in college i was enjoying some of your products during. good to see you, sir. thank you very much. >> thank you for having me. good to see you. kristin: humanitarian aid in center and the battle in control of venezuela. increasing pressure on nicolas maduro to give up power. a delivery dryer and a pair

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u.s. military aircraft will be used to fly large shipments of humanitarian aid down to south america bound for venezuela. the question is will it be able to get through? it is the increased pressure on the venezuelan president to give up power. gillian turner with insight on exactly how the administration plans to do that. reporter: had the opportunity to speak with our national security advisor john bolton yesterday afternoon. at the white house, he talked to me about his strategy for venezuela. a country that now is on the brink of civil war. here is what he said. >> there is a lot at stake here. we are supporting this popular movement in venezuela. >> in his exclusive interview with fox news the president's national security advisor john bolton says time is up for disputed venezuelan president nicolas maduro. >> i can tell you among the key generals, the leading figures,

supporting nicolas maduro, they are in constant conversation with the opposition. the press doesn't see this, it is not on the surface. but they are negotiating. >> clinging to power nicolas maduro is firing warning shots at the trump administration peter cuesta handed donald trump is hurting venezuela and venezuela will flourish. reporter: is midlands of venezuelans exterior down the mouth of civil war and mass humanitarian crisis nicolas maduro insist is the president trump 's advisors that are the problem. >> imagine, john bolton, elliott abrams, a group of extremists that surround him as put him through a dead end. reporter: but john bolton is not blinking. >> it is just another to add to my honor roll of criticisms from authoritarian figures around the world. i welcome it. reporter: is been more than three weeks since opposition leader juan guaido claimed the presidency and get the country military remains firmly behind nicolas maduro. >> venezuela has 2000 generals.

that is more than all of the generals in every nato country combined. that tells you where the corruption is. reporter: sources tell fox news the president has stopped short of ordering the pentagon to draw up military plans. but the prospect of unilateral military intervention remains high. john bolton says is a top party for president trump. plus we talk about it several times a day. he is very interested in this. >> ,the present will go to miami to adjust venezuelan americans there. he said to make the case of socialist policies ultimately drive nations into the ground. a political morning for american voters that are home ahead of 2020. leland: we have heard them talk about this. live coverage of the speech monday as it happens. thank you, gillian. kristin: a not so lucky delivery driver forced to make a quick escape. will tell you about this next.

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howard kurtz will take a look with the panel and how media covered announcement yesterday, that's 11:00 a.m. tomorrow eastern. ♪ ♪ leland: ups driver heading up to the door and there he is leaving the door, what was coming at him? this is how christian feels on saturday and sunday morning when she comes to anchors with me, ups driver dropped boxes and ran for safety and into his truck running out. we were told that the driver and the gift made it out unscathed. >> ups driver thought if i'm running to attack you. leland: our ups driver up in michigan bring my parents' dog treats so that's why he always

runs out. who is not excited? all right, well, peter doocy proudly with kamala harris, we will see if kamala harris is as excited to see peter doocy, from new york. ♪ >> wants to build a border wall, announces decision from the rose garden using executive powers to obtain, ready promising a fight. hello, everyone, welcome to america's news headquarters, i'm eric sean. >> i'm laura ingle for arthel neville. president trump has long described the situation at the border as crisis now at least two lawsuits have been