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 filed

challenging constitutional basis with more likely to come. both sides of the aisle now speaking out. >> when he says he didn't have to declare an emergency, i don't think he's saying any -- any way or any stretch that there's not an emergency. >> the president immediately went over as most conservatives are, this is a fundamental issue of the separation of powers. >> west palm beach, florida near the president's mar-a-lago estate. >> hi, eric, lovely day in palm beach county, 80-degrees and the president remains at golf club, the trump international golf club over southern boulevard in palm beach county.

the traffic pool thought he was leave to go head back to mar-a-lago, however, they were told to standby at the lie -- library where they wait for him to leave, the motor caid -- motorcade, landing at pest palm beach airport, a small crowd invited on to the tarmac, president trump and first lady melania greeted them warmly, the president signing autographs. earlier president trump announced he was signing the budget deal, avoiding another partial government shutdown but also declaring a national emergency over the southern border with méxico and with that he plans to take funds from other services to take money for the wall than the legislation.

>> we want to stop criminals and gangs from coming into our country. >> shortly after that, democrat-controlled judiciary announced they would investigate the president's declaration stating the fact that you would use emergency declaration only after years of failing to obtain congressional for approval for construction of your wall further indicates that there's no emergency at present. the president did not take long for the first lawsuit to be filed. first legal challenge and the president indicated he fully expect this could be decided by the u.s. supreme court, friday afternoon advocacy filed on behalf of 3 texas land owners and environmental group.

back to you, eric. eric: that could take quite some time. laura. >> for more on this let's bring in john bussey, associate editor washington journal. first, i want to ask you your reaction play out with the president's declaration, one thing a lot of people are wondering is why he said, quote, he didn't need to do this after many in his own party advised him not to yet we are. >> i'm doing this only because i want to speed up the process, that to a court may not be sufficient for emergency declaration. we will see, he's in a pickle here. we are not seeing the challenge to the constitution. congress has the power of the purse and the president is doing an end-run on that, it's going to end up in the court as as we all know, this is going to linger for quite some time. it's not going to be accelerated and spill into 2020 campaign and the president may not want to get what he wants out of

emergency declaration either and that would be kind of the next chapter in what has been the president out negotiating, you could have gotten a lot more support for the wall when he controlled, when the party, the republican controlled party controlled both houses of congress and he could have gotten a lot more from the wall from schumer at the beginning of 2018, he could have gotten a lot more for the wall before the shutdown and at the end of the day, he ended up with a smallest amount for the wall and it was a negotiation failure. >> you know, democrats avow that they will try to block it right away, i wanted to ask you about something that byron york wrote, speaker of the house nancy pelosi has said in the past that the president would get nothing for the barrier from democrats. york writes this in examiner, after vow to go provide nothing for the barrier, pelosi has now given her approval to 55 miles of immorality, no, it is not

what the president wanted but even those 55 miles combined with the roughly 125 miles of inadequate old fence that the administration is already replacing with new barriers are a net plus for border security. your thoughts on that? >> that's the washington examiner, i can't speak for them, i would guide people to michael bender's story, reconstruct of all of this. how it all played out, what the disagreements are on border security, how the congress -- democrats in congress feel that a wall really isn't sufficient to deal with the types of issues that the president was laying out in slightly unusual speech on friday, a little bit bizarre with either misstatements or just outright falsehoods in some cases, the democrats feel that is the wall is simply not sufficient to address those major concerns that people have about immigration and a lot of the problems stems from illegal

drug flows across existing portions of the border that have walls, that have guard checkpoints and customs officials where the trucks sail through without having the proper technology to examine them to intersect the drugs, we haven't dealt with dreamers, sons and daughters of immigrants who came over and who were born here or brought here as children. i think that republicans will look at this and say, we had a shutdown, we didn't get anywhere, the president got less than what he was asking for before the shutdown. we haven't address congress are managers, people that we hire to manage the government haven't addressed the fundamental problems that we all, that the public in general see exist with immigration and the need for immigration reform. >> before i let you go, i want to ask you as we look at breakdown spending will go and

the sum will be coming, 1.3 bill from spending bill, 601 million from the treasury's drug future fund. 2.5 billion, the department from drug programs and who will be backing this problem? >> democrats will be against it and you will see republicans against it as well. you already heard on your program saying, gosh, you know, do we really want to take funds away from the milt ir, take funds from dhs and other realms just to build extra miles of wall which may or may not have the effect that the president says that they will. the question for him is what's happening to his base? is this expanding the base or is this ultimately shrinking his base? we see a majority of americans kind of disagreeing with him on the need for a wall. >> john bussey thanks for being with us today.

great to have your perspective as always. you don't want to miss fox news sunday, never miss it, chris wallace sits down for exclusive interview with a man who is crafting the president's immigration agenda. senior white house policy adviser steven miller, that airs at 2:00 and 7:00 p.m. eastern right here on fox news channel, be sure to check local listings to see when it airs on your fox affiliate eric. according to witnesses at the scene who were part of the termination meeting, during this meeting he was terminated and my understanding from the witnesses he opens fire right after the termination. correct. >> and then he moved out of the room. >> we believe that several people that were involved in that meeting are the ones who are deceased. eric: tragic in illinois where police say that the employee who opened fire at illinois

warehouse told he was being fired at the time from his job and started shooting, gary martin killed 5 people before officers killed yesterday, this happened in chicago suburb. 5 officers wounded in shootout, now more information about martin's violent past. live from aurora, illinois, hi, mike. >> eric, we know from the police chief now the opinion that gary martin should have never had a gun, multiple run-ins with police, 6 arrests here in aurora, illinois, domestic violence, violation for protective order and traffic violations, disorderly conduct and specific to gun ownership, he had a felony condition for aggravated assault and he applied for illinois firearm owner's identification card, it

was approved, 4 days later martin bought the gun used in shooting, when he attempt today get a conceal carry permit, fingerprints analysis found felony condition, the permit was refused. the card revoked but martin kept the gun. >> we have to take the political out of it, the fact remains is that some -- some person walked in and i don't want to make it political, this is the human issue, lives were lost and taking care of officers. >> 3 people were killed in the meeting, two outside.

smith&wesson handgun and multiple magazines of the exact number. the initial round drew out for a long time, took a long time to track him down. 5 officers shot during the force of this, conditions range from stable to already released from the hospital or being released today, eric. eric: so tragic, thank you. >> border agents facing a tougher job by the increasing number of migrants trying to cross the rio grande river, the legal challenges the president is facing over his emergency declaration to fund a border wall. >> we will then be sued and they

will sue us even though it shouldn't be there and we will possibly get a bad ruling and then we will get another bad ruling and then we will end up in the supreme court. and that can lower your cost now that you know the truth... are you in good hands? when cravings hit, hit back. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna.

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>> president trump declares national emergency, authorities say that the security and humanitarian crisis along southern border is continuing, facing growing challenges as migrants continue to try to enter the country under dangerous conditions by claiming asylum. jackie live at border crossing in eagle pass, texas. hi, jackie. >> hi, eric, so this is just one part of the 1 mile fence in eagle pass, texas separating from 1600 central american migrants from u.s. soil. as you can see they are not lined up behind me. they are being held in mexican processing facilities waiting turn to have asylum cases heard. some people try to bypass, one day last week 17 migrants were pulled from the rio grande

river, people stranded on the small island after agents heard cries from the river at 2:30 in the morning, they became overwhelmed by high-water levels and swift current, 7 of them were children. >> we saw death close, we thought we were going to drown. >> since february 4th, agents rescued 5 people from rio grande river, four people have died crossing since october, the eagle pass that pulls body from water. >> when there's body recovery inside the river and we cannot clearly see the body, we will not launch one of our boats into the river, the only time we do that is when we actually see a person in distress.

>> on the other side of the border many piedras negras tensions are rising and poor conditions as they clashing with mexican federales. the immigration facilities here are already at capacity so there are some long wait times and tough conditions on the other side, eric. eric: all right, jackie, thanks so much. >> president trump's declaration of national emergency at the southern border now sparking a fierce legal battle, california wasting no time on this front with the state governor and attorney general saying they plan on taking the administration to court. ellison barber joins us from washington with the latest on this one, hi, ellison. >> governor newsom appeared at press conference yesterday and say that the president overstepped here and hinted that

a multistate lawsuit is already on the way. >> we are working partners but makes impossible when he plays games and manufacturers prices and creates the conditions where we have no other choice but to sue the administration, join other states, partners in fellow government to do the same. >> long president trump stepped to declare national emergency, threats of legal challenges, the president says he's prepared for them, opponents say the president is digging his own legal grave and they're pointing to some of what he said in the rose garden. >> i could do the wall over long period of time, i didn't need to do this but i'd rather do it much faster. >> when he said i didn't have to do this, he's right, he didn't have to do this, in fact, --

>> the president himself says he didn't need to declare a national emergency, faster way to force taxpayers to foot the bill after congress wouldn't let him have his way, one lawsuit was filed yesterday on behalf of 3 land owners in south texas and nonprofit environmental group, aclu says they will file lawsuit early next week, the chairman is asking the white house to make lawyer and some doj officials available for hearing in the coming days, speaker pelosi says she's ready to fight this using every remedy available and, laura that includes in her words court and in congress public. >> ellison barber, thank you so much live in washington. >> what exactly will happen when this is argued in court. let's bring in john at the heritage foundation, former deputy assistant attorney general. john, this is the first time that an emergency declaration has been used in this manner, enron around congress, do you see it as constitutional issue

>> well, the national emergency gives president authority, it's been invoked over 60 times by presidents in the past, it's never been challenged in court. before the act taking place challenges to president to take unilateral action sometimes successfully. i don't know what's going to happen. there's been two lawsuits filed one by public accident and another by group called crude, both in district in aclu and javier becerra will be filing lawsuits and the presidents too, the president is not flouting the law, he cited the other statutory authority that he needs to do in order to take funds and build barrier along the southern border. he certainly didn't help himself by the statement he made that he didn't need to do this. the president had been known to make statements but i don't see extraordinary and i think the president is on fairly solid

legal ground, a shame that it had to come to this. eric: the other 60 times don't have to do with this where congress already made decision on something. it was designed to give the president emergency power when congress couldn't act, do you see this as critics are saying violation of the separation of the legislative and executive bodies? >> no. i don't see it that way although that's an argument that can be made, congress couldn't agree to do something, doesn't mean that the president doesn't have authority to act. if congress had past the law that said you can't do this and the president did it anyway, that's a constitutional crisis. eric: what about the congress power of the purse, congress has the power of the purse and critics are saying that the president is trying to grab power from the executive branch? >> i don't see it that way, the

president is creating money, reallocating money that's been appropriated by congress and citing federal law that enables him to do this, so he couldn't get congress to specifically appropriate funds for this purpose but he's not printing money. he's taking money that congress has appropriated and repurposing it. eric: sorry to interrupt but it is obligated. you have money for military installations, the treasury forfeiture funds. he's shifting it to something else. >> the treasury funds are not obligated. the treasury funds are unobligated and allow the secretary of the treasury to reallocate funds. then the drug program to prevent drug smuggling coming in. with respect $3.6 million for construction project, you are

absolutely correct. once the president declares a national emergency, the secretary of defense is giving the authority to engage in military construction that are designed to support the deployment of our military and the president has deployed our military. one of the arguments that will be made is that this is a manufactured crisis or that he doesn't need the military or that building a barrier along the southern border goes beyond providing support for the troops. that's the kind of argument that we will see played out in court. eric: wall street journal editorial page, this looks to us like a misuse of the emergency power delegated by congress which is meant for a genuine security crisis not to fulfill campaign promise, if he loses in court, this was the mistake mr. obama made so often and they took legal shortcuts to impose policy he couldn't win on capitol hill. so are you concerned that what they say in the journal is saying that this is -- we saw

the criticism from republicans aimed at president obama when he took executive actions? >> yeah, i see those being different circumstances because president obama did fly in the face of a federal statute specifically the immigration and nationality act that says certain people can't come into the country and if they do are are deportable. it's an aggressive interpretation of those federal statutes and he does run the risk of getting slapped down and any time a president is slapped down, it certainly creates, you know, precedent of sorts, bad precedent for successes or. eric: dinly, what do you think it's going to happen? >> at the end of the day courts are reluctant to second-guess the president on national security matters. the president received daily classified briefings, federal judges do not.

eric: john malcolm, we appreciate it. it certainly looks like it'll take a while. >> good to be with you. >> 2020 democratic candidates hitting the trail this weekend, senator kamala harris visiting the primary state of south carolina, we are live in that city coming up next and now a new special is coming to our streaming service, fox nation, this thursday the big story dive into some of the most rivoting moments on live television that shaped our nation's history, part 1 examines the shocking tale of susan smith, young south carolina mother who brutally murdered her two children. take a look at this. >> investigators believe and chances were slim african american carjacker existed but authorities continued to bring black men for questioning and to distribute sketch. >> it just became more and more apparent to us that the story

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eric: democratic presidential hopefuls who are on campaign trail and are stopping in crucial primary state of south carolina this weekend. right now we are awaiting california's senator kamala harris as she's set to appear at town hall in colombia, palmetto state, big prize in nomination and peter doocy in colombia, south carolina at the kamala harris event that's about to start any minute now but as you can see hasn't been so yet. hi, peter. peter: and eric basketball court has been turned into town hall today, stage up at the front, they are waiting for senator kamala harris, a couple hundred people here but she started the

day in intimate setting, smaller group of voters. >> i'm not mad at anybody for working hard and achieving success. i'm not mad at that at all, i applaud that and i also recognize that for most people there isn't equal opportunity to be on path. peter: hundreds of people lined up to get to this harris event more than hour and a half before start time, south carolinans are doing anything they can to do due diligence about all top democrats. >> i feel as much as i like kamala harris i also like cory booker and i like elizabeth warren so in my opinion and what i do when i do education outreach about voting, it's not about party, it's about the issues, what is affecting you. >> we are all about student loans and education but we also

want to know that she has like young people at hand, like our issues education, student loans, criminal justice system because they affect us. peter: and out of everybody that we have asked at event earlier they have a different thing that they want the democratic nominee for president to have, to position that person to try to challenge president trump next year and senator harris from south state carolina to first declared candidate. eric: thank you very much, we will bring you rally when it comes, laura. >> for more on this, let's bring in political panel, dan palmer is here, former general counsel for the national republican senatorial committee and former deputy council for national

commit yes. scott bolton, democratic strategists, welcome to you both. all right, guys, i will start with you, we know that getting out in front early, getting big endorsement and big donor dollars can get momentum going. gavin newsom, they don't win elections. >> they don't get you votes in a direct way, she's doing her job, she's from california, she's locking up large endorsements, she has to win california and has to win california big, lining up her donors, she's getting organized from the ground but what's more important, not maybe just as important that she run into california strong but is she limps, she has to run new hampshire, north carolina, large

african american vote, crazy democratic delegate count that they do, then she can weed out, if you will, or jump ahead of the 15 or 20 plus other candidates. remember, after every primary you will see democratic candidates fall in the way much like you saw 2 years ago with the republican candidate, so get ahead early and running hard is -- is paramount to stay in the race as long as possible. lauren: harris running in expanded field. many declared with all eyes on what former vice president joe biden is going to do, many say he's ready to declare and go for it, quote, many people say that he will have enough uphill battle as we look at polling average showing support for biden close to 32% and bernie sanders 12% and how important are the numbers this early in

the game at this point in the game? >> well, i think both scott's comments and graphic points to harris' problem, the closer she gets the california the less popular she is. she basically has popular in dc press corp. so that's a big problem, the second problem is, the primaries are game of expectations, now, scott has ruled out sky-high expectations that kamala harris has structural advantages and she has to win big out here, it's not likely to happen. enormous media market and extremely expensive to run. she's confessing in her e-mail fundraising appeals that she's running behind on fundraising and if she doesn't have the money she won't introduce to 30% of california voters who don't know who she is. >> scott, kamala harris senior strategists talk with politico about their game plan and where the focus will be for now

saying, quote, our strategy runs straight through california and we plan to aggressively defend our home state turf, we believe the early primary, early voting and the cost of communicating will make virtually impossible for all but the top two or three candidates to play in the state in a meaningful way, so we know home state advantage is helpful but, you know, you look back at florida in 2016, senator marco rubio dropping out of the republican primary after losing his state to mr. trump, there can be some serious bumps in the road. >> well, there's no question about it. even though 30% of the state doesn't -- doesn't know her according to my colleague she still has to win big and she's runed for attorney general, she's run for local prosecutor in san francisco and she's run for senate, she's one all 3 of the races but not so much concerned about name identity but she has to lock up big donors and lock up the those, 414 delegates, right f she wins

outright, whoever gets 15% more in california, then you get so many delegates, i think 144. the rest are by winning in those communities or in those sections of the state depending on how many delegates delegated to those communities and that's going to be tough and so it's not a win-all or go-home state but for her it really is, 414, if she can get the majority of those which is going to be really difficult, remember, bernie and biden they run well out there, at least they have when they ran president before. it's uphill battle but she has the best shot at it right now. >> dan, i want to take a look, you took a look at moderate and progressive wing in 2020, who do you think will get the money needed to go against the president, obviously there's a lot of road in front of us, taking a look at the map and all who have been announced and the committees, i mean, who is up and running?

>> well, the money and the energy are in two different places. you know, kamala harris has a strategy to run through california, the problem is that lindsey graham said earlier this week, the democratic primary runs through venezuela and another problem after that is the general election is running but the mid western rust belt which really matters for populist economic issues. so in this case, kamala harris might get money because, you know, she's a favorite of the media but out here there isn't really any grassroots organization or support and other candidates like beto o'rourke are more what i would call push candidates rather than pull. kamala harris' ambition to try to get people to her flag, beto is out there and just sort of of attracting attention, he's being push intoed the race if you will. so i think he has more energy around him. i think those two fight it out in the progressive wick and if biden wants to get in, he will have to moderate lane, i think there's more energy on progressive side and all that bodes well for president trump.

>> all right, i have to leave it there, thank you so much for your perspective, thanks for being with us. >> thank you. >> thank you. >> eric. eric: pope francis taking action against one to have highest-ranking and noted catholic leaders, defrocking former u.s. cardinal, resided in washington, d.c. and was prominent voice this after vat attended official found guilty of multiple sex crimes against minors, seminaries and priests. bryan llenas with the details. >> decisive action bottles unpresented the -- unprecedented, marks the first time catholic church has expelled cardinal from priesthood for sexual abuse, most severe penalty the vatican can hand down on clergy and the action comes after vatican found guilty of abusing his power to commit unspecified of special abuse crimes against minors and

adults. pope francis stripped of title after u.s. church investigation found he sexual abused a teenager in the 1970's, mccarrick whordianed a priest but over course of 5 decades despite number sexual abuse allegations mccarrick was promoted over and over again becoming one of the most powerful people in the u.s. catholic church. in a statement, the president of the u.s. conference of catholic bishops, cardinal said this, quote, the holy sea's announcement is clear signal that abuse will not be tolerated, no bishop no matter how influential is above the law of the church, for all those mccarrick abuse is one small step towards many for healing. news comes days before vatican is hosting 4-day summit in which bishops will discuss preventing sexual abuse.

the summit was held on pressure of pope francis to take action. it's symbolic of the church's gnaw approach. >> it's no longer acceptable. >> plenty of eyes in the summit in a couple of days. >> new details emerging in the alleged racial and homophobic assault of star, what investigators are now saying about the case. >> as a gave man you are considered to be weak and i'm not weak. you turned a family recipe into a brewing empire before prohibition took it all away. i promised our family i'd find your lost recipe.

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[inaudible] >> empire actor jesse standing by his story that he was the victim of a racial and homophobic attack last month but amid new developments, hi, jonathan, what's the latest. >> hay, laura, chicago police department spokesman tells me today jesse is still, quote, the listed victim in this case, but the two men who were identified by police just yesterday as potential suspects in the assault have now been released and are apparently no longer suspects with the chicago police spokesman saying due to new evidence as a result of today's interrogation the individuals

questioned in empire case have now been released without charging and detectives have additional investigative work to complete. that statement came just hours after chicago police said that they have probable cause to believe the two men did, indeed, commit a crime but whatever the two told investigators appears to have been enough to change their mind. the two men are apparently brothers, they are originally from nigeria and police say at least one of them worked on the set of the fox tv show empire. now in an interview this week, jesse stood by his story by being assaulted by two men who yelled racial and homophobic slurs. >> i mean, who says -- this is

maga country. ties your neck and pours bleach at you. >> there has been report that police have been looking into the possibility that the entire attack was staged but on thursday a spokesman for the chicago pd said those were reports were, quote, unconfirmed and jussie smollett has hired high defense lawyer that in itself appeared to be significant development. >> jonathan in la, we know that the investigations take time, we have to let the process work, thank you so much. >> yeah. eric: record setting storm sweeping across the stage, rain triggered mud slides and severe flooding, live with what they can expect in the golden state next.

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and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program call or visit >> there's more soggy weather on the way, meteorologist adam klotz tracking from the fox news weather center. >> yeah, eric, it really is, low

pressure systems running on the coast eventually that's going to work its way to middle of the country and we will see this turning into snow. already seeing in mountain state but we are still tracking what is round and round heavy rain running right along the western edge of the country. this snow is going to be funneling into the middle of the country over the next several days, you're already begin to go see some of the snowfall with upper elevations as we continue to see the rain falling there along the coastal areas, now there are some actual warnings, watches, winter storm watches upper midwest, all the way to northern plains. that is going to result in some snow early tomorrow morning, running you through your sunday and by that point do i think we are mostly drying out on the west coast, this is going to be one we are paying attention to over the course of the rest of the weekend as we track this system move ago cross the country but the good news is i know there's been a lot of rain along the west coast, eric, the problem is or the good news is it is going to be drying out here by the time the weekend is

over but until then unfortunately i think the rain here for at least the overnight hours into early tomorrow. eric: they have been hammered out there. >> yeah. eric: thank you so much. >> they need to rain too. does it for us, we will back at 4:00 p.m. eastern for more news, we hope you will join us. eric: journal editorial report is next in fox news channel. thanks for watching. we appreciate that you choose us. >> see you soon. building a better bank

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paul: welcome to the journal editorial report. i'm paul gigot. another government shutdown was averted this week, while president trump signed a bipartisan bill and also signed an executive order. he announced he is moving $8 billion towards construction of the wall. house speaker nancy pelosi accusing the president of making around congress and warning republicans of the precedent he is setting. >> a democratic president can do that. democratic president can declare emergency as weevil.