eric: we start with a fox news alert, president trump's declaration of a national emergency at the southern border, that's quickly sparking a fierce legal battle but the number of lawsuits already filed against him. l california's governor and attorney general saying they plan on taking the administration to court as well. as even more opponents are lining up. hello, i'm eric shawn and this is a brand-new hour of america's news headquarters. i'm laura ingal. the president facing a legal showdown and a political one as well with democrats vowing an aggressive response and hoping to pressure some republicans to join them but the president standing firm on his authority. >> we fight wars that are

6,000 miles away, wars that we should have never been in in many cases but we don't control our own border. we're going to confront the national security crisis on our southern border. >> we have the latest from washington with allison barber. >> reporter: at least one lawsuit was filed yesterday, that was filed on behalf of three land owners in south texas and a nonprofit environmental group. the aclu said they will file a lawsuit next week. jerry nadler is asking to make their lawyer and some doj officials available for a hearing, one that he wants to happen in the coming days. democrats say president trump is over-stepping and that he does not have the authority to declare a national emergency in this situation. they also say that he's changing the game in a way republicans might regret down the road. most republicans, they disagree with all of that. >> article one, section nine is very, very clear. no appropriation except through

a law passed by congress. >> he's got supreme court precedent from 1993 behind him. >> congress has actually authorized this type of activity. >> the epidemic of gun violence in america, that's a national emergency. why don't you declare that emergency, mr. president? i wish you would. but a democratic president can do that. >> reporter: president trump has repeatedly said he expects this to end up in court. yesterday, california's governor, and attorney general, suggested a multistate lawsuit is on the way. >> the president does not have power to act frivolously, taking the powers of this 240 plus year democracy and using them in ways that were never intended. >> i have no other choice than to sue the administration, join other states, join our partners in the federal government to do the same. >> reporter: lots of opposition from democrats and certainly

more lawsuits, more action on the way. most republicans agree with the president here. a handful, like senator marco rubio, they say they have concerns about this as well. laura? >> allison, thank you so much. live from washington. eric. eric: all this while at the southern border patrol officers are reporting there's been a surge in rescue efforts. that as more migrants they say are attempting to cross the rye owe grand into texas. -- rio grande into texas. we have much more from eagle pass, texas. hi, jackie. >> reporter: hi, eric. we're in the middle of a 210-mile stretch of land that has four miles of border fencing. one of the miles is here in eagle pass, texas. it protects the downtown area. border patrol agents say it pushes the illegal crossings to the outskirts of town where the rio grande river acts as a natural barrier. people do attempt to cross that barrier and some of them have lost their lives trying. just one day last week, 17 central american migrants were

pulled from the river in three separate incidents. people were overwhelmed by the high water levels and swift current and of the 17 people that were rescued, seven of them were children. over the last two weeks, border patrol agents rescued 35 people from the rio grande river in this sector alone. since october, four people have died trying to cross. often it's the eagle pass fire department that has to pull bodies from the water. some migrants are trying to bypass the fence and the facility here because the conditions at the processing facility across the border in mexico are tough. migrants are held in a warehouse with scarce supplies and long wait times. tensions are rising and some people have clashed with mexican federallies, upset they can't leave the facility to get supplies at nearby shops. >> if they gave us the car, that means we have freedom to move around mexico.

we're not criminals. we came to look for dignified work? it could be several weeks before their cases are heard. 20 people get pulled over to eagle pass each day to have their credible fear interviews, those are required to seek asylum. conference rooms in eagle pass have been converted but they're at capacity. there are 1600 central american migrants waiting to have their cases heard. eric: thanks so much. >> 2020 democratic hopefuls are responding to president trump's national emergency declaration and vowing to block his executive action to build a wall on the southern border, this coming as the dnc wraps up its winter meeting in the nation l's capital. garrett tenney joins us live from washington with more on this. >> reporter: the emergency declaration, immigration and the larger debate over border security as whole were some of the &%pt i. at the dnc meeting.

take a look at this map to see where all the candidates and potential 2020 candidates are today. illinois, iowa, south carolina and new hampshire where senator cory booker criticized president trump for declaring a national emergency and using taxpayer dollars to build a wall that he said mexico was supposed to pay for. >> i think that there's a serious violation of separation of powers going on by this president right now, something that democrats and republicans should stand in unison saying this is absolutely wrong and worse than that, it's insulting. the republicans wouldn't have tolerated this if obama did it. they shouldn't tolerate it when donald trump is doing it. it's something we should join on. >> reporter: on the last day of the winter meeting here in d.c., the chairman tom perez slammed the president for declaring a nation until emergency while ignoring other issues that he says are much more pressing emergencies. >> we have a national emergency on climate. we have a national emergency on voter suppression. we have a national emergency for

women who work a fair day's wage and don't get a fair day's pay. this is a national emergency of our moral values. that's why this is the most important election of our lifetime. this is a moral reckoning. >> reporter: immigration will certainly be one of the leading issues of the 2020 campaign. based on the dnc meetings the past few days, democrats plan to once again make health care a major focus of the party which is an issue that helped propel them winning back the house in the midterm elections last year. >> thanks so much. eric: there's now details emerging on a suspect that opened fire at a warehouse in a chicago suburb of aurora. gary martin was an employee there and he was being fired just before the shooting began. he did kill five people. martin was killed in the shootout with police but not before he wounded five police officers. investigators also revealing that martin did have a criminal record and he should not have been allowed to buy that gun in

the first place. >> a felony conviction was discovered. the offender's conceal and carry permit was rejected. eric: we have more from outside the aurora police headquarters. >> reporter: 45-year-old gary martin had multiple run-ins with police, six arrests for domestic violence, for violation of a protective order, for traffic violations, in 2017 he was arrested for disorderly conduct and criminal damage to property in a nearby town, specific to gun ownership he had a felony conviction in mississippi in 1995. he applied for a fire owner's identification card, a foid card. it was a approved. martin bought the gun used in the shooting four days after the approval. shortly after that he attempted to get a concealed carry permit,

finger print analysis linked him to his felony conviction. the permit was refused. the card was revoked but martin kept his gun. >> we have to take the politicalness out of it. the fact remains that some disgruntled person walked in and had access to a firearm that he shouldn't have had access to. i don't want to make it political. this is a human issue. lives were lost. i want to concentrate on taking care of our victims' families, taking care of our officers. >> reporter: the shots started in a meeting in which martin was being fired after 15 years at the plant. three people were killed in the meeting, two outside of the meeting. they range from the plant manager to a human resources manager to a human resources intern who was on his first day on the job. also, a stockroom attendant and a mold operator were killed. the gun was a 40 caliber smith and wesson. the police say multiple magazines were found spent at the scene.

they don't have a specific number. five police officers were shot during the course of all of the gunfire. we know the worst of them is in stable condition. others have been released or are being released from the hospital. we expect another update in an hour's time, including a representative of the parent company of the hyatt park plant. eric. eric: just so horrendous. your hearts go out for all the victims, especially a young intern, a student who was there learning business. mike, thank you. laura. >> a major drug bust, federal authorities seizing two massive shipments of cocaine. where this happened and why it's being called one of the largest drug hauls in decades. and, the question of the weekend, does the president have the authority to bypass congress and declare a national emergency in order to fund a border wall? some republicans are confident he does. >> i think the president's on a absolutely solid ground. this is an authority that dates

back to 1976, it's been used 58 times. we have national emergencies declared that date back 40 years. about 50% of people with evesevere asthma k? have too many cells called eosinophils in their lungs. eosinophils are a key cause of severe asthma. fasenra is designed to target and remove these cells. fasenra is an add-on injection for people 12 and up with asthma driven by eosinophils. fasenra is not a rescue medicine or for other eosinophilic conditions. fasenra is proven to help prevent severe asthma attacks, improve breathing, and can lower oral steroid use. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens.

headache and sore throat may occur. haven't you missed enough? ask an asthma specialist about fasenra. if you can't afford your medication, astrazeneca may be able to help. i but i can tell you i liberty mutual customized my car insurance so i only pay for what i need. oh no, no, no, no, no, no, no... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

- want to take your next vacation to new heights? tripadvisor now lets you book over 100,000 tours, attractions, and experiences in destinations around the world like new york, from bus tours to breathtaking adventures. tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip monumental. read reviews, check hotel prices, book things to do, tripadvisor.

all of you. how you live, what you love. that's what inspired us to create america's most advanced internet. internet that puts you in charge. that protects what's important. it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. laura: two massive shipments of cocaine are seized in california. the busts which were announced yesterday took place within a

week of each other late last month. a total of 221 pounds were found aboard two ships at a ventura county port, about 60 miles northwest of los angeles. they both came from central and south america. the illegal cargo was concealed beneath floorboards. an old trick. authorities say it's the largest drug seizure at that port in 25 years. >.>> and we will have a national emergency and we will then be sued and they will sue us in the ninth circuit, even though it shouldn't be there, and we will possibly get a bad ruling and then we'll get another bad ruling, and then we'll end up in the supreme court and hopefully we'll get a fair shake and we'll win in the supreme court. eric: that's president trump uniquely predict whack he thinks will be the legal course of declaring a national emergency. that emergency he hopes to help build the wall along the u.s. southern border of mexico. a number of lawsuits have been

filed about this and more likely to come. arguing there is no national emergency and they will be claiming that the president does not have the constitutional authority to bypass congress when it comes to funding a wall. >> the primary fight was on the wall. everything else we have so much, i don't p know what to do with it, we have so much money. on the wall, they skimped. so i did -- i was successful in that sense but i want to do it faster. i could do the wall over a longer period of time. i didn't need to do this. but i'd rather do it much faster. eric: what is going to happen? john decker joins us, an attorney and fox newsradio white house correspondent, usually standing out on the front lawn reporting today he's in the studio. what is the white house saying today to defend the president's actions? >> the white house says the president's words stand for themselves. he has the power the white house says to declare a flag national

emergency and has the power to move funds from one federal department to another in terms of building the southern border wall along the u.s./mexico border. as you mentioned, there has been at least one lawsuit that has been filed by public citizen, a liberal group that is representing a number of land owners down in texas and they believe that they have been agrieved by this national emergency that's been declared by the president because that border wall they say will run right through their property. eric: what about those who are saying, the critics, that as a constitutional issue, this is a violation of the separation of powers that congress has already voted on something and it's the first time this has ever been used in that type of case where congress has already stated under the power of its purse, its result, and that is the president is trying to do a run around that. >> this is where the president and the administration will run into some trouble,

constitutionally. if you listen to the words of susan collins, republican of maine, or lamar alexander, republican of tennessee or marco rubio, republican of florida, they say the same thing, which is the power of the purse rests with congress. it's an article one, section nine clause one of the constitution and so although the president certainly may have the power to declare a national emergency, he does not have the power, they say, to move funds without a specific appropriation from congress to build that border wall. eric: that's fascinating. do you think as the president seemed pretty confident if this went up to the supreme court, do you think that maybe, yes, the supreme court would rule that he has the power to declare a national emergency but maybe, yes, or no, to the moving the funds? >> well, we don't know whether it's going to go all the way up to the u.s. supreme court, eric. i think it likely will, go up from the a district court level, appellate court level all the way up to the supreme court.

i think that federal judges along the way are going to look at this as a two-part exercise. one being whether the president has the power to declare a national emergency as relates to a nation mall security issue along the u.s./mexico border and b, does he have the power to move those funds without a specific appropriation from congress to build that border wall, to build more of that border wall. that, again, eric, is where the president is likely to run into some problems and it's already been reported that the white house council's office has told the president this is going to be problematic for you, mr. president. you may lose on that count. eric: then again, the president can still surely to the 2020 election be claiming and touting he wants to build the wall and the process continues. >> that's certainly right. it will motivate his base along the way. i might add, the president $1.4 billion or so this year to build 55 miles along the

u.s./mexico border. he's going to ask for more money next year. if he gets reelected he's going to ask for more money for the border wall in years five, six, seven and eight. by the time the president if he gets two terms in office, he may well have built the border wall along the u.s./mexico border. eric: that's 55 miles nancy pelosi didn't want to give him. >> that's expressed as a big win by the white house in the sense that before the government shutdown, what was she saying, that she would give the president $1, this is a significant amount of money. it's $1.4 billion and it builds a significant portion of that border wall, eric. eric: what happens next year when he says he wanted 234 miles and minus 55, we'll do the math, it's under 200. what happens next year, he comes back and says i want another 190 some odd. >> we go through the same process again, the appropriations process. the president is going to make

the argument, you gave me $1.4 billion last fiscal year, why can't you give me at least that much money this next fiscal year and help me build an additional 55 miles of border wall. it will be a tough argument i think for those in congress who voted against this legislation to say well, we're not going to give it to you this year because we gave something to you last year and that's going to be the argument i think the white house will make when the fiscal year begins, october 1st of this year. eric: quickly you predict basically that despite this, despite the controversy and the lawsuits, this can follow up year after year after year with some type of appropriations potential. >> oh, absolutely. it is going to come up every year. it's going to come up next year, the president's final year of his first term. it will certainly come up in successive years should he win a second term. the fight, eric, is by no means over despite the fact there will likely be a big fight in the courts, there will be a fight in the appropriation process as well. eric: congress, their

declaration of disapproval, go to the senate, probably veto it. we're with this for some time. john, always good to see you. laura: there are new details emerging in the alleged racial and homophobic assault of empire star, jussie smollett. what investigators are now saying about the case. and some republicans stressing unease over the president's national emergency declaration. why they're saying this sets a precedent for democrats. >> the congress and the president just signed a piece of legislation on friday to end the shutdown. no sooner was that signed into law than the president did something which many of us believe is extra outside of the constitution. hh! ballooned your car. call meeeee! (burke) a fly-by ballooning. seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

not having a good breakfast can make you feel like your day never started. get going with carnation breakfast essentials®. it has protein, plus 21 vitamins and minerals including calcium and vitamin d, to help your family be their best. carnation breakfast essentials®. (coughing) need a change of scenery? kayak searches hundreds of travel sites and filters by cabin class, wi-fi and more. so you can be confident you're getting the right flight at the best price. kayak. search one and done.

come hok., babe. nasty nightime heartburn? try alka-seltzer pm gummies. the only fast, powerful heartburn relief, plus melatonin so you can fall asleep quickly. oh, what a relief it is!

eric: president trump is in palm beach, florida as he spends the weekend at his mar-a-lago estate. this coming shortly after he declared a national emergency.

phil keating in west palm beach where it's 79 degrees. hi, phil. >> reporter: it is absolutely spectacular down here in south florida. this weekend, good weekend for the president to come on down. he is back at his winter white house, the mar-a-lago estate on palm beach. he spent six hours, maybe six and-a-half hours this morning and early afternoon at his trump international golf club, presumably golfing and maybe enjoying the restaurant. air force one and the trumps arrived friday night. they were greeted by a small crowd who was invited onto the tarmac. there president trump signed autographs and made it home by 7:00. this came after a big day dealing with the budget deal before signing the funding bill into law, the president first announced that's what he was going to do and he did that there in the rose garden and of course this avoided another partial government shutdown. that's when he declared a

national emergency over the southern border with mexico and with that he plans to take funds from other sources to spend more tax dollars for the wall than the compromise legislation gives which will give him a few billion dollars more than the $1.4 billion congress allocated for, quote, a border fence. >> it's very simple. we want to stop drugs from coming into our country. we want to stop criminals and gangs from coming into our country. >> reporter: democrats oppose building a long 200-mile wall in the rio grande valley and say the government's own reports indicate most of the drug and human smuggling happens in trucks and cars at points of entry. possible democratic contender for the white house in 2020, el paso's beto o'rourke, criticized the wall concept like this. >> how do we do it intelligently? we focus on the ports of entry, that's where the vast majority

of everyone, everything that ever comes into the united states cross, investing in personnel, technology an infrastructure will make us safer. >> reporter: as the motorcade made its way back from the golf club back to mar-a-lago, there was a group of supporters on the side of the road, waving american flags and holding signs, cheering the president on. he has no public events scheduled today or tomorrow. behind closed doors right now the president is meeting with his trade team, talking about china. eric. eric: former congressman 0:rourke said he would be for tearing down the existing wall. we'll talk to judy miller about that in the mention hour. great to see you. we'll be issuing a national emergency declaration at the same time. and i've indicated to him that i'm going to prepare -- i'm going to support the national emergency declaration. laura: there's senate majority leader mitch measure connell

before president trump declared a national emergency on the southern border, sparking concerns that a dangerous precedent has been set that will be exploited by a future democratic administration. new york republican congressman tom reed issuing a statement saying, quote, we recognize the president has the authority to declare a national emergency but believe this sets a bad precedent and lets congress off the hook from doing its job. the u.s. chamber of commerce also saying, quote, the declaration of national emergency in this instance will create a dangerous precedent that erodes from the very system of government that has served us so well for over 200 years. let's talk about it. bring in our panel. sarah d'amico, the chair of jack cooper holdings and lieutenant governor john thomas is the founder and president of thomas partner strategies, a republican pollster. thank you for being here. a lot to get to.

i want to start with you, sarah. we've been hearing from lawmakers from both sides of the aisle who voiced concerns over the president's declaration, some asking the question could that set a precedent for a democratic president some day to declare a national emergency for gun control, meds care for all. what do you think? >> i think it's an unusual circumstance. obviously this power has been deployed by the president over the decades dozens of times. however, there is usually bicameral and bipartisan support prior to the declaration of an emergency. it's certainly a change in precedent. i think the republicans and democrats are right to be concerned. having said that, i think it's very clear that this will ultimately be settled in the court. i think article one of the constitution is very clear that it is congress that controls the purse strings. i think we're in for an interesting discussion. i think perhaps the most interesting thing about all of this is what it says about what our politics is today, that we are unable to reach an agreement on an issue as important as

immigration. laura: i don' john, we're seeg reports today that speaker nancy pelosi is distributing a spreadsheet to members, listing a long list of projects that could be threatened by the president's efforts to move military construction funds to the border wall. one aide reportedly saying we have to smoke out as many republican as possible by making the case that this could put projects in their region in jeopardy. so do you think that tactic will work? >> you know, i don't, first of all. we're talking a total fund package of $8 billion. in the scheme of the federal government, that's nothing. number one. number two, this outrage about setting such a dangerous precedent makes me laugh because it's hypocrite call. barack obama drove immigration policy by executive action when he expanded daca to drive his agenda and some could argue that that hurts local economies, it hurts blue collar workers.

look, people expect and voters expect government to get things done. right now, we are so dysfunctional. the trump campaign and got elected by and large on making sure our borders are secure. for him to do this, i think he's in fact going to be rewarded by voters in 2020 because he's getting done what they put him in office to do. laura: sarah, the president himself said yesterday he didn't have to do this, saying that essentially he did so to move the border wall along. here's some of what he said. >> i will tell you, i'm very disdisappointed at certain peop, a particular one, for not having pushed this faster. >> are you referring to speaker ryan, sir? >> who? >> speaker ryan? >> let's not talk about it. what difference does it make. they should have pushed it faster. they should have pushed it harder and they didn't. they didn't. if they would have, it would have been a little bit better. in the meantime, i built a lot

of wall. via lot of money and i built a lot of wall. it would have been nice to have gotten done. laura: sarah, you mentioned this being settled in the courts. do you think he set himself up for a legal battle that he could lose? >> i certainly thinke think the president hasn't helped his case. the fact that they had two years of a united republican government in the u.s. house, the senate and the white house and chose not to do this, also i think hurts his case. he didn't help himself by effectively telling the american people yesterday this isn't an emergency and he doesn't have to do this. laura: go ahead, john. >> sarah's not wrong. i don't think the president helped himself here. that's not i don't think what the courts are going to be deciding. the courts are going to be deciding whether or not the president has authority to declare an emergency action here. that's what it is. i don't think it's going to come down to whether or not he thinks he could expedite something. it's is this in the president's authority to do so. i think the courts are going to agree with it. here's the deal. it those be done and it's

pathetic that the republican leadership couldn't get this done when they controlled all branches of government. laura: voters want the american government to work. we know it's not always perfect. when you look at the breakdown of how the president wants to fund the southern barrier, using the 1.3 from the spending bill and the millions and billions from other funds, do you think it's a plan that will see its way all the way through? >> that's a good question. i think it's going to get held up in the court system and it may go all the way to the supremes and if the supreme court they do say that the president has authority to do that, i think absolutely the president does that multipronged approach of securing the border that quite frankly a lot of these border counties are so desperately urging. even the state of texas is saying they want to play a role in helping to secure the border and build a barrier if trump asks for its. laura: i'm going to give you the last word, sarah.

do you think it will be seen all the way through with all the different areas where they try to pull the money? >> no, i think in the end this will ultimately be an unsuccessful court challenge for the president. it's not really a question of whether or not he has the right to try to declare an emergency. it is a question of whether or not we continue to have separate and co-equal branches with appropriate checks and balances. article one of the constitution gives the power toa allocate and you pro prate fundappropriate fe congress. i don't see the president winning on this. laura: we'll check in with you later and thank you for sharing your pi perspective. eric: mike pence accusing european union leaders of trying to, quote, break u.s. sagese sas on iran. he spoke at a security conference in munich. he called on the leaders there to follow washington in pulling out of the iran nuclear deal and isolating the regime in tehran. >> the time has come for our

european partners to stop undermining u.s. sanctions against this regime. the time has come for our european partners to stand with us and with the iranian people. eric: kitty logan live in london with reaction to the vice president's speech. hi, kitty. >> reporter: hi, eric. well, of course the munich security conference is a place where world leaders come together each year to try to really get together and solve some of those differences on global issues face-to-face. addressing this conference, vice president pence laid out the different positions the u.s. and europe have over iran. the u.s. government of course pulled out of the 2015 iran nuclear agreement just last year and this is not the first time u.s. government has asked europe to follow suit. and again today, we saw german chancellor angela merkel saying that european leaders would continue to stand by that iran nuclear deal. she described it as an anchor point for the west to keep up pressure on tehran. iran's foreign minister was also

at the conference, meeting with his german counter part. the u.s. accused iran of not keeping to the terms of the deal which is to halt nuclear development. iran denies this. the vice president also met with afghan's president. the u.s. is playing a role in peace talks in that country and he spoke with the ukrainian president to reinforce u.s. support for the fight against russian backed rebels. the conference is meant to unite global leaders. what we today was widening rifts between the u.s. and europe over many global policy issues but in particular over iran. eric: in the next hour we'll have analysis from nikki haley. we'll talk about the possibility of the europeans cooperating. laura. laura: eric, a major crackdown on hazing after a university arrests nine fraternity members. those details straight ahead.

plus, president trump gearing up for his second summit with north korean leader kim jong un. will it lead to the h the regime finally dropping its nukes. (straining) i'll take that. (cheers) 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors. sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, save 50% on the sleep number 360 limited edition smart bed. plus, 36-month financing. ends monday.

the follow up cat scan showed that it had gone to her liver. we needed a second opinion. that's when our journey began with cancer treatment centers of america. one of our questions was, how are we going to address my liver? so my doctor said i think we can do both surgeries together. i loved that. now my health is good. these people are saints. ha, they're saints. cancer treatment centers of america. appointments available now.

but how do i know if i'm i'm getting a good deal? i tell truecar my zip and which car i want and truecar shows the range of prices people in my area actually paid for the same car so i know if i'm getting a great price. this is how car buying was always meant to be. this is truecar.

(nat♪re sounds) corey is living with metastatic breast cancer, which is breast cancer that has spread to other parts of her body. she's also taking prescription ibrance with an aromatase inhibitor, which is for postmenopausal women with hormone receptor-positive her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole was significantly more effective at delaying disease progression versus letrozole. patients taking ibrance can develop low white blood cell counts, which may cause serious infections that can lead to death. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are pregnant, breastfeeding, or plan to become pregnant. common side effects include low red blood cell and low platelet counts, infections, tiredness, nausea, sore mouth, abnormalities in liver blood tests, diarrhea, hair thinning or loss, vomiting, rash, and loss of appetite. corey calls it her new normal

because a lot has changed, but a lot hasn't. ask your doctor about ibrance. the #1 prescribed fda-approved oral combination treatment for hr+/her2- mbc. laura: this is an incredible story. louisiana state university arresting nine fraternity members on charges connected to hazing incidents that took place last fall. according to reports, they were arrested for allegedly kicking pledges with steel-toed boots and beating them with metal pipes. these arrests come as the university cracks down on fraternity and sorority activities following the death of an 18-year-old freshman who died after being hazed two years ago. >> he told me he was so close to starting a big war with north

korea, and where are we now? no missiles, no rockets, no nuclear testing. we've learned a lot. but much more importantly than all of it, much more important, much, much more important than that is we have a great relationship. eric: president trump recounting what he said president obama told him when they met in the oval office, also touting his prospects with north korea. he's been claiming the former president was close to going to war with kim jong un regime as it threatened to launch a ballistic missiles towards the u.s. for years. the president is set to meet with the dictator in less than two weeks. many are waiting for concrete progress on the regime's claim of denuclearization. let's bring in jim walsh, international security expert. always good to see you. >> good to see you. eric: do you think as the president claims, we were really close to war with north korea? ben rhodes, president obama's deputy national security advisor, he tweeted out, i'm going to quote, we were not on

the verge of war with north korea in 2016. highlighting the threat is very different from saying you're about to start a big war. >> well, i think the president's core claim is that we are safer today because there are no missile tests and nuclear tests and we're talking to them. on that, i thinks he's correct. i think that that's right. now, he has a tendency to step on his own mess a an sometimes s telling a story about obama. everyone would admit the president is sometimes prone to embellishment when he tells a story. there's no written record that would suggest that obama was going to start a war and his aides don't say it, none of the memoirs say it. the core claim is that we are safer today because there are no missile tests and no nuclear tests and because we're talking to them. there's a lot of work to do, unfortunately. but i think he's right to say that at this moment. eric: don't you think the

former president saw it as the key foreign policy crisis and issue that could be dangerous and certainly we certainly would have had a plan, military plans to potentially strike some of the nuclear facilities that north korea has? >> yeah, absolutely. i mean, certainly the u.s. military has had options for decades about how to respond to a variety of scenarios with their south korean partners, called the op plans. i would say frankly the closest we came to war with the past president was not obama but president clinton in the 1980s when the program was first revealed and there was a debate among historians about how close we came there. so, yes, we've always considered military options but we've always decided that the cost was greater than the benefit, that if you go and start a fight, that it could escalate to a nuclear war and would certainly have tremendous implications for the 20 something thousand u.s. troops in south korea, our allies, japan and south korea, the u.s. troops in japan. so i think we've been rightly

cautious in dealing with a regime that is hard to understand when it comes to decisions about use of force. and as i said, because this is a dicey situation, i think it's better that we're talking and that things have been turned down a bit. i think that's moving in the right direction. though we have a long way to go. eric: a long way to go. what would you like to see come out of the meeting, them declaring the nuclear sites, taking down more of the sites, bringing international inspectors? what? >> ideally i'd like see all of that stuff, anything that can be done quickly that would add momentum. rather than declaring everything right upfront, i agree with others who say let's go to the facilities we know exist, let's shut those down and move on from there. that's a good first step. let me say this, eric. what i would really want to see in my heart of hearts is to see this coming out of the summit with regular intense difficult negotiations because we had the

first summit back in june and it's not clear to me that the two sides have been meeting regularly. we're not going to make any progress unless people do the hard work of negotiation and that really hasn't happened yet. so both sides have to sit down, locked in a room for weeks at a time, meet frequently, and do the hard work. announcements won't be enough. it's going to require hard work and it's going to take some time. it's going to take months if not years to negotiate the whole thing but let's get started with that negotiation and let's get some down payments made while we do it. eric: finally, some would say also perhaps it's easier to achieve addressing the issue of human rights which has been put on the side. i'm reminded of the tragic case of otto warmbier, the university of virginia student who was held hostage, forced into a false confession, and basically killed, beaten and murdered by kim jong un's thugs. let me read you one line from the federal judge's ruling of

december. quote, north korea imprisoned and continued to i'm prison otto in order to use the sentence to compel the united states to send a high level official to north korea to increase its stature and open a dialogue with north korea. otto's detention fit north korean's pattern of holding americans hostage to serve its goal of opening dialogue with the united states. now that a president of the united states will soon have two visits, could or should the obama administration have been more -- could they have sent somebody and the tragic ending -- >> we have talked about this many times. you deserve credit. you've been a convoys when we get -- i'm a nuclear guy. we get pulled in the nuclear weeds. you've been consistent about raising the important issue of human rights there. arthere.there are prison camps h the majority of victims are

north korean. this is something we have to talk about. i was not a fan of the obama strategy of strategic patience, basically got shunted off to the side while the ad medicine strayings focused on -- administration focused on other issues. if we have americans detained, we ought to talk to people. i never thought talking to people was a reward. it's a way of doing business, a way of protecting your interest, holding your friends close and enemies closer. i'm always willing to talk to regimes, nasty regimes, if it means protecting individual americans and also trying to reduce the risk of war or national security disasters. so i would have liked more to be done. in this summit, i'm sure the focus will be more on nuclear. that's what everyone's looking at right now and i think that's appropriate. because a nuclear war would obviously be a huge humanitarian disaster. but i don't think as you imply, i don't think we should forget about the human rights topic. we need to be able to do both things at the same time.

eric: i think we should remember otto warmbier and all those who have fallen victim to this horrendous regime, even if there is progress on the nuclear issue. jim walsh at m.i.t., always good to see you. we'll be right back. >> wonderful to see you, eric. thanks. but you can believe this, real esurance employee nancy abraham. look her up online. esurance, it's surprisingly painless.

't easy. 12 hours? 20 dogs? where's your belly rubs? after a day of chasing dogs you shouldn't have to chase down payments. (vo) send invoices and accept payments to get paid twice as fast. (danny) it's time to get yours! (vo) quickbooks. backing you. - (phone ringing)a phones offers - big button,ecialized phones... and volume-enhanced phones., get details on this state program. call or visit

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 >> well there's new developments

in the case surrounding empire actor jussie smullet released two brothers arrested earlier in the week on suspicion adding that they are now following new leads. jonathon hunt following this story from our west coast newsroom that keeps changing. what we have today jonathon? >> well, a potentially block blockbuster development within thest last few minutes laura a reporter with our fox station, fox 32 in chicago is now reporting that detectives have evidence that the two men they questioned and then released yesterday brought the rope found around jussie smollett's neck at a hardware store according to to this reporting out of fox 32 chicago, and they also are reporting, we have not confirmed this i have to emphasize as well. that presented with that

evidence, the two nigerian born brothers then agreed to cooperate with police. again, we have not confirmed this reporting. this comes out of a reporter with our station fox 32 in chicago. what we do know is that investigators say at least one of those two brothers worked with smollett at one point on the set of the fox tv show "empire." and what we have been reporting for some time now via our own map in chicago is that the police are looking into whether the entire attack was staged. laura. >> jonathon hunt continuing on this story. thank you so much for bringing us the latest on that. jonathon. >> and there's a new legal challenge against president trump, declaring a national emergency for the border wall funding. how much more can be expected we'll have a live straight ahead as we continue for this saturday afternoon. minimums and fees seem to be the foundation of

your typical bank. capital one is anything but typical. that's why we designed savings and checking accounts with no fees or minimums. this is banking reimagined. what's in your wallet?

sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, save 50% on the sleep number 360 limited edition smart bed. plus, 36-month financing. ends monday. whei just put in the namey, of my parents and my grandparents. and as soon as i did that, literally it was like you're getting 7, 9, 10, 15 leaves that are just popping up all over the place. yeah, it was amazing. just with a little bit of information, you can take leaps and bounds. it's an awesome experience.

you're smart,eat you already knew that. but it's also great for finding the perfect used car. you'll see what a fair price is and you can connect with a truecar certified dealer. now you're even smarter. this is truecar. >> new era as top in thes legal activist are vowing swift aggressive action to block the declaration at the a southern border. they have in the first to file a legal challenge to his plans to try to free up as much as 8 billion dollars for the border wall. hello everyone welcome to a brand new hour of america's news headquarters i'm eric. >> -- the controversial move being met with reare sis answer in congress. house judiciary committee

democrats quickly announcing plans for investigation some republicans coming out against trump's move the the president standing firm in his decision stressing the need for his long promise wall. >> the big majority of the big drugs, the big drug loads don't go through ports of entry. they can't go ports of entry they go through areas where there's no wall. nancy knowses it. chuck knows it. they all know it. ellison barber live in washington with the one. hi ellison. >> hi laura before president trump even stepped foot in the rose garden there were threats of legal challenges at least one in the system that was filed yesterday on and a half of three landowners in south texas and a nonprofit environmental group that says critical wife habitat is going to be destroyed an that proposed border wall will also impair members ability to observe wildlife. the federal government reportedly told the land owners

if money became available in 2019 parts of the wall would be built on their property. this lawsuit says that is a big issue. the aclu is planning to file a lawsuit early this week as well and then officials in california say that a they're likely filing a lawsuit soon as well. >> i don't 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 createses the conditions where we -- have no other choice than to sue the administration join other states on partners in the federal government to do the same. >> in washington there's a lot of opposition a lot of outrage are from democrats, house speaker nancy pelosi in senate marnt leader chuck schumer say they defend their constitutional authorities in the congress in the courts and in the public. using every remedy available, house judiciary committee says that president a letter asking

him to make the white house counsel available for a hearing to get some investigations their process started in the the coming days. laura. >> all right ellison for us in washington. thank you so much for that. all right. >> laura some of the 202 democratic hopefuls responding to president's national emergency declaration. vowing they say to block executive action to build that wall on the southern border. this, of course, coming as dnc is wraing up its winter meeting at the nation capitol and as form orer congressman beto o'rourke is tearing down wall that is already there. some other democrats potentially could follow. garrett joining us live with all of this from washington. hi, garrett. >> eric immigration in battle over border of security is and potential candidates is talking about about on the campaign trail and or there are a lot of democrats out there today. including kyrsten jill bran and one in iowa and senator elizabeth warren in south

carolina. at an event in columbia today, harris criticized a host of the trump administration policieses including immigration. >> when we look at a nation where we have a policy that is about taking children from their mothers and father and we call that border security instead of what it is. which is human rights violation, yeah. we know we've got to be true. >> on the last day of the dnc winter meeting tom slammed president trump emergency declaration touted ability of democrats to stand up to trump after retaking the the house in the midterm elections. >> because of democrats, across this country, there are many, many more powerful voices here in washington and elsewhere. to call out this president for his temper tantrums. like the one he is throwing now with his manufactured border crisis and gross abuse of power.

>> former vice president joe biden meanwhile is mingling with world leaders at the munich security conference he criticized trump administration immigration policies and sounded an awful lot like someone preparing to run for president. >> i spent time talking and listening to americans and strong holds of liberal progressivism, and in places where democrats are rare commodity. and i can assure you that the american people, the ultimate wellspring are of power in the united states of america remain committed to engaging world with decenty and respect. this week e source told fox news that biden is already certain to enter the 2020 race but not set a date when he will officially do that eric. >> thanks so much. >> and vice president mike pence speaking at an international security conference in munich today. doubling down on the trump administration's decision to

withdraw from the iran nuclear deal and renewing calls for european allies to join. >> the time has come for our european partners to withdraw from the iran nuclear deal and join us as we bring the punish pressure necessary to give iranian people the region and the world, the peace, security, and freedom they deserve. >> logan has more on this from london bureau. hi kitty. >> hi laura well this is a conference where world leaders get together to try to result differences on global policy issues. but what we saw today was some of those differences actually magnified now one of the key sticking points is the iran deal which is agreed back in 2015 to put a stop to iran nuclear development in his speech vice president pence laid out different positions the u.s. eneurope has over iran. and he called on european countries to back the u.s.

stunt. but again today, german chance said they would continue to stand by iran nuclear deal she described it as a west to keep a pressure on tehran. now iran foreign minister also at the conference meeting with his german counterpart, the u.s. says iran is not keeping to the ten off the deal but iran denies this. vice president pence also meeting today with afghan president, the u.s. currently playing role a crucial role in peace talks in this country and he spoke with the president to reenforce u.s. support for ukraine fight against russian rebels. so it seems that the despite all of these meetings that relations between the u.s. and europe continue to be strained, and not showing much sign but those differences being fixed in the during the course of a kfns. that conference continues tomorrow someday. become to you laura. >> katy in for uses in london thank you so much. >> in the the southern

hemisphere the u.s. racketing up political pressure on venezuela new sanctions targeted the regime of this disputed president nicholas country remains torn apart and rice sis continues. julianne turner spoke with national security advisor john has the latest. >> there's a lot at stake here. we're supporting this popular no. in venezuela. exclusive interview with fox news, president trump national security advisor john bolton says time is up for disputes venn venezuelan president nicholas maduro. >> i can tell you among the key generals, the leading figures, affording maduro, they're in constant conversation with the opposition. the press doesn't see this but they're seeing -- >> maduro is firing morning shots at the trump administration. >> the infected hand of donald trump is hurting venezuela, and handle off of venezuela, donald trump, and venezuela will

flourish. as millions of venezuelan stare down mouth of civil war and a mask scale humanitarian crisis maduro insist it is president trump advisor to the problem. >> imagine, john bolton elliot abrams group of extremist that surround him put him through a dead end. >> but he isn't blinking. >> it is another to add to honor roll i welcome it. >> it has been more than three weeks, since opposition leader juan claims the presidency yet the country's military remains firmly behind maduro. >> venezuela has 2,000 generals. s that more than all of the generals in every nato country combined. so that tells you where the corruption is. sources tell fox news president trump has stopped shy of ordering pentagon to draw military plans. but the prospect of unilateral military intervention remains high. bolton says it is a top priority

for president trump. >> we talk about it several times day. he's very interested in this. the pentagon has also confirmed to fox news that u.s. military claims have begun delivering humanitarian aid to the columbian border. on monday president trump will address venezuelan americans and make the case that socialist policies ultimately drive nations into the ground a political warning for american voters ahead of 2020. eric. >> all right jillian thanks. >> well we've got a lot more coming up, the president facing growing backlash over his controversial emergency declaration. question now how will his border battle with democrats resonate in the long-term? politically -- plus, new details about the the gunman that in that deadly work place shooting in illinois. why he shouldn't have had access to a weapon. >> fact remains that some disgruntled person walked in and a had had access it a firearm that he shouldn't have had had

access to. >> cost of freedom is always high. but americans have always paid it. what i said i want -- if i built a van, it would do more than haul. if i built a van, it would carry my entire business. i'd make it available in dozens, make that thousands of configurations. it would keep an eye on my fleet. [ beeping ] and an eye out for danger. with active brake assist. if i built a van, i'd make it available in diesel and gas. and i'd build it right here, in south carolina. introducing the all new sprinter starting at $33,790. built in the usa. mercedes-benz. vans. born to run.

- want to take your next vacation to new heights? tripadvisor now lets you book over 100,000 tours, attractions, and experiences in destinations around the world like new york, from bus tours to breathtaking adventures. tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip monumental. read reviews, check hotel prices, book things to do, tripadvisor.

we're family. we'd do anytbut this time...her. those bonds were definitely tested. frog leg, for my baby brother don't frogs have like, two legs? so they should have two of these? since i'm active duty and she's family, i was able to set my sister up with a sweet membership from navy federal. if you hold it closer, it looks bigger. eat your food my big sis likes to make tiny food. and i'm okay with that. navy federal credit union. our members, are the mission.

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. >> police in aurora, illinois stay fired manufacturing warehouse worker who killed five people shouldn't have been able to own a gun in the first place. 45-year-old gary martin issued an illinois firearms id and

bought the smith & wesson on march 11th, 2014, but officials say a 1995 aggravated assault felony conviction in mississippi wasn't flagged until days later. when martin tried to apply for a conceal to carry permit. >> once this conviction was discovered, the offenders conceal and carry permit was rejected and a his void card was revoked by the illinois state police. >> and police say martin began shooting at a his coworkers right after he was fired. they say that he also injured five people, five police officers before being shot and killed. eric. >> tremendous amounts of drugs flowing into our country, much of it coming from the southern border. when you look and when you you listen to politicians, particular certain democrats they say it all comes through the port of entry it is wrong.

it is wrong. it is just a lie. it's all a lie. eric: as for top two democrats vowing to use, quote, every remedy to oppose the president trump emergency declaration for the southern border. house speaker nancy pelosi and senate minority leader chuck schumer saying they are ready to take their case to congress, the courts, and to the public. so what's going to happen judy miller is here at the institute for policy research, and plitter prize winning journalist and author. so judy there are like 59 national emergency declarations. that have been announced by presidents, 31 still in effect but critics are pointing out this one is first to counter a budget decision by congress. what do you think is going to happen? >> well, i think it's going to be tough to predict right now where you're right to point out that this is like no national emergency that has ever been declared before. because this involves one in which congress has explicitly

said they want x amount a of money appropriated for the wall and a the president wants to go around the congress . he specifically wants to do something that they have said he can not do. so he's setting up a constitutional crisis several groups have already announced their intention, the aclu public citizens to file suit in the courts. so you'll have one part of this for being conducted there. you're going to have another part of the war being conducted in congress. where democrats will be fighting i think even some republicans will not be able to summit this because it is such apparent violation of the constitution, and then finally there's the people. how will people react above and apart from donald trump's base? which had this national emergency is really aim ad at? >> there's going to be, obviously, a resolution disapproval on us house and passed that had 18 days later goes to the senate likely they can get together some republicans and democrats to

pass that but president would veto. >> right are and then they need a two-thirds majority to overrule that. so i suspect that's going to be very hard for the democrats to muster. so i don't think that the congress is the venue, the part of this war it's going to be most productive. i think basically that democrats are aim aing to win in popular opinion according to popular opinion and in the supreme court where i think they're very optimistic that they can prevail but above and beyond that, i think this slit republicans puts real pressure on republicans who come from border states because the president's wall involves the use of eminent domain that means the the seizure of property of people and that makes people angry in these states and several people like senator cotton senator mcsully these are republican senators from border states. they're likely to feel the

political heat. >> and a the first lawsuit that has been filed has been filed on and a half of texas land owners. who the the wall would go right through their land they're fighting eminent domain issue you mentioned the supreme court you said that the democrats seem optimistic while the president is about that too there's part of what had he said in the rose garden yesterday. >> but i wanted to do it faster. i could do the wall over a longer period of time. i didn't need to do this. but i would rather do it faster. he predicts it will go to the supreme court and he predicts that we'll have a victory. [laughter] >> yes but eric he undercuts the justification for a national emergency. a national emergency is not something you do because you want to do something faster. a national emergency at least in the past has involved something that needs to be done urgently because there's a crisis. so many people point out apparent contradictions not to

mention the 25 misstatement of facts that president has made in the past week. when of he spoken about this issue, you know, eric i really think that president was trying to change the subject because let's face it he had a very, very past three weeks he's had a shutdown. 35 days of the government which was very unpopular, he got one-third of the money that he wanted for his wall. and he -- a lot of people are blaming him for not getting wall certainly not having mexico pay for it so the president needed to change the subject that i've got to hand it to him. he's certainly knows how to do that and national emergency now has everyone talking about that. and some of the democrats more extreme positions. >> but to the president this has been a long time campaign promise. you know he's been calling for funding wall for practically every day, you know con stangt isly, he wants to get this done. warning of what he says is the emergency of the humanitarian and legal emergency that's going

on in the southern border. >> absolutely. he's that's what he's been saying but fact of the matter is that great deal maker is also build himself hasn't been tiebl make a deal with the congress. the congress has given him less than a third of what he asked for and if you really look at the last amount that congress said it was really to give him, which was 1.6 billion, he turned that down. now he has to accept 1.37 billion which is much less than the price of the wall. but also much less than what he could have gotten before he prompted a government shutdown which is very unpopular. >> but again quickly he has 8 billion available to him. let's take a look at the figures 1.735, almost one and quarter billion for the dhs two and a half billion from drug and 600 million from the treasury forfeiture fund and military construction projects but

squawking he's taking money from districts for military instruction, and trying to shift it to the wall. >> absolutely. and you know, this is also a president who said that barack obama had ruined our national defense and made us more vulnerable and weaker and now he's taken money from the defense budget to pay for a wall which his own -- administration says is not the -- not the the, you know, the ports of entry of the major source of drugs that come into this country. not people going around the world so i think so many -- internal contradictions and what he's saying that it's -- he's bound to get tripped up on them. on the other hand never underestimate trump ability to have people talking about what he wants them to talk about and he's done that with the national emergency. he could just have slowly started to reaa portion money from one pop to another which is how a president obama did the

same thing. but he's gone a step further, and triggered this constitutional challenge in the form of a national emergency. it is a big bet, but it has changed the subject. [laughter] >> while doing that he's with some of the those facts that he mentioned so it is the emergency needed to protect this country to build his wall. so certainly sort of the courts in congress judy miller always good to see jude dee, thanks. >> good to see you eric. >> stunning fall from grace for one former leader of the catholic church in this country. pope francis taking action against former cardinal theodore, plus president trump facing a legal challenge after declaring that national emergency on the u.s. southern border just yesterday. the vice president of the national border patrol counsel weighs in with us next. >> but -- i wanted to do it faster. i could do the wall over a longer period of time i didn't need to do this. but i would rather do it much faster.

there's little rest for a single dad, and back pain made it hard to sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am.

we can't guarantee, you'll find gold in them therr hills on your vacation. but we can guarantee the best price on this rental cabin. or any accomodation from hotels to yurts. booking.com, booking.yeah (man) don't ...go...down...oh, no! aaaaballooned your car. call meeeee! (burke) a fly-by ballooning. seen it, covered it. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

president trump arriving at mar-a-lago resort yesterday after signing that massive spending bill excuse me and declaring national emergency at the southern board so lad or allowing him to by pass congress and free up 8 billion dollars to build a border wall. phil keating is live in west palm beach florida near mar-a-lago, florida. >> well first legal challenge to the president's national emergency declaration is now in. filed in u.s. district court in washington on behalf of three texas landowners and violatorral group. the president went through emergency routs that's what they did in court. the president has indicated he expects to win. in court, president trump spent more than sucks hours this morning an afternoon at trump international golf club and since returnedded to the trump estate on palm beach and along

side of the road there were supporters waving and holding signs and flags in support of the president. air force one and trump arrived in west palm beach around 6:30 friday night. there was a small crowd invited on to tarmac there too an president trump and first lady melania greeted them warmly signing few autothe graphs at the rose garden president trump announced he was not only going to avert partial government shutdown but declaring a national emergency over the southern border with mexico, with that he plans to take billions in funds from other sources to spend tax dollars for wall than compromised legislation gives. >> we're talking about an invasion of our country. with drugs, with human traffickers with all tiewps of criminals and gangs. after that democrat controlled

judiciary committee will confirm the declaration stating that fact that you would use an emergency declaration only after years of failing to obtain con depressional approval for construction of your wall further indicates that there is new, true, emergency at present. more lawsuits against the declaration, of course, are on the the way. which the white house has indicated that fully intends to fight and prevail in front of the scrouge. back to you. >> phil keating for us probably the live an warmest locations for any of our reporters today. all right phil, thank you. >> it is loverly. >> and as debate rages on in washington tensions are rising at the southern border. texas border patrol agents say that they are facing growing challenges as more migrants continue to try to enter our country under dangerous conditions. becky has been reporting live from eagle pass, texas with the very latest on some of the migrants do to try to come to america.

hi, jackie. >> hi eric, behind me is one of 28 point of entry along the texas, mexico border but it is small, and it is overwhelmed. the border between texas and mexico is 120959 miles one fifth of it 231 miles coveredded by a fence. new plan signed by president trump yesterday authorized 55 miles of new barrier in texas for comparison president trump authorized 48 new miles of fencing in state and president george bush built twice that here but challenge to building new barrier is section of terrain like rio grand river act as natural barrier but people tried to cross it in just one day last week here in eagle pass border patrol agents rescued 17 people and three separate river rescues, and since october, four people have died trying to cross the river. a major driving factor is the conditions in the mexican processing facilities on other side in mexico. right now, some 1600 central american migrants are being held in a warehouse with long wait

times and scarce supplies. while mexico graduated some 13,000 humanitarian vee sac to migrants since i january officis earlier this week clashed with mexican allies stuck in that facility that they weren't allowed to leave and go to nearby stores. mexican officials able to break up large groups by busing to other border towns hundreds of miles away. >> i just want to thank the president because he's been help hadding us with these monstrous or caravans that have been coming up. we have one who was up to over 15,000 people that's largely broken up. others have gotten through. today doctors without borders put out statement saying earlier this week agency blocked from entering the facility to deliver aid. they said it was inhumane to send people to dangerous border towns where they could be targeted by gangs. so the migrants on other side may have to wait several weeks to have their cases be heard.

only about 20 people are are brought over to u.s. side each day to have their credible fear interviews that are required to seek asylum because facilities here in eagle pass, texas are completely overwhelmed. eric. >> all right. wow. jackie, about thanks. laura. >> you don't have to be very smart you know you put up a barrier and people come in that's it they can't do anything unless they walk left to right and find an area where there's no barrier and they come into the united states. welcome. >> we've been talking about this all day president trump facing a legal challenge with this after declaring a national emergency on the u.s. southern border. happened yesterday, critics say he delivered a free willing speech that included a number of false or misleading claim. let's bring in art the vice president of the national border patrol counsel, a perfect guest to talk about this issue.

that so many people are paying attention to. thanks for being here todays. >> thank you for having me on i appreciate it. >> we're hear aing different stories about about what's happening at the southern border first tell it us what you are seeing i know you're in arizona but what are fellow agents telling you about what they're seeing tell us what you've got. >> oh, i mean it is busy. we have a bufnlg of individuals that are crossing into the country illegally they're being detained. some of the areas where they're being detained we don't have enough space. so they're -- having agent as go, in fact, i just got a call right now earlier we're having is agents from arizona drive to parts of texas to alleviate some of those cells and pick up some of the legal aliens there bring them to arizona so they can help process them here. that's how bad it is. and that's why you know, i hope this, this emergency national emergency stands i know that you know there's a lot of back and forth with the courts. but at the same time, what we're concerned with is the spending bill that that was signed now aw

because i think it is going to create a magnet for illegal aliens to come into the country and now, with some of the loopholes that are now in law, which allows a lot of these potential sponsors not even sponsor but potential sponsors to be able to detain these kids in their home and now claim some type of amnesty where immigration officers can't touch them. not only have we sanctuary citis but them signing bill into law created sanctuary homes i guess you would say and it is -- it's frustrating i think that's going to raise number of children that are being smuggled into country i was just talking earlier to a good friend of mine anna she was saying that around 16,000 children have been brought into the united states smuggled e here. some of them you know for sexual purposes which is something that is horrific. and now this bill that was signed is going tie low for these individuals to claim some

type of -- some type of asylum even if they're not directly related to a child. >> okay. s that's who are risk and that has us very concerned right now. >> sure so you're talking about the spending bill that was signed this week. they could problem mat nick some parts. okay. well help -- help with the wall. i was watching the issue with the wall even where they're going build the wall there's so many bureaucratic steps that everyone has to go through now that it is going to be difficult just to build one mile of fencing. >> okay. we will help us understand what this national emergency means for border agent as today. and what it means down the road if this all unfolds as the president hopes. >> well, i'm hoping what it does is give us -- give the agents right toolses to be able to perform their job. and it gives every agent out there, the right equipment so they can, you know, protect our borders. that's what it comes down to. we need to figure out how to protect our borders to start taking this serious, and that's why our main concern and you

know we've been talking -- throughout the days our concern is the spending bill that's now into law and see how that can work along with this national emergency. >> i'm glad you brought that up because i want to ask you how you feel about dipping into other pungdz by declaring a national emergency to get all of the money he's been looking for you know a large chunk of this, 2.2 billion will come from the department of defense's military construction budget. which some say is dicey. >> right. well my concern, obviously, is that. even if they get the money from other sources, where is it that you're going to be able to build the wall? because or any type of barrier because if you look at the actual bill that was signed, it's like i said you've got to go through a lot of bureaucratic steps in order to build in the area you want to build. so i mean immaterial to know what the issue is going to be there and that's really concerning. >> great to have you on we've got to leave it there for time art thank you for being with with us. >> thank you for having me.

>> stay safe. separatist again taking into streets insane showing their support for the leaders facing in triewl after that failed independence referendum. and details on that. and vice president mike pence is urging allies to withdraw from iranian nuclear deal, and crack down upon tehran's support of terror. >> day one of this administration, president trump promised to stand with the good people of iran and stand tough it their oppressors, and that's just whatas we've done. it has protein, plus 21 vitamins and minerals including calcium and vitamin d, to help your family be their best. carnation breakfast essentials®.

[cell phone rings] where are you? well the squirrels are back in the attic. mom? your dad won't call an exterminator... can i call you back, mom? he says it's personal this time... if you're a mom, you call at the worst time. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. where are you? it's very loud there. are you taking a zumba class?

to be nobody but yourself in a world which is doing it's best to make you everybody else... ♪ ♪ means to fight the hardest battle, which any human being can fight and never stop. does this sound dismal? it isn't. ♪ ♪ it's the most wonderful life on earth. ♪ ♪

in spain, thousands of separatist marched today in barcelona proclaiming innocence of 12 of their leaders on trial for their role in a failed 2017 independence referendum in which regional parliament voted to declare independence from spain. but spain's government says any vote on independence was require the national parliament to amend

constitution it is. thed tost last several months. >> franks in the united kingdom announced creation of a special finance mechanism designed to oversee a mirror image transaction that would replace sanctionable international payments. to cease this in iran. they call this team a special purpose vehicle, we call it an effort to break american sanctions against iran's murderous revolutionary regime. that's vice president mike pence in warsaw this week calling out our european allies several times. for not withdrawing from the iranian neurocollie teal and for continuing to be business with tehran. made a first criticism about about that on thursday and then again today. echoed it during a speech at the international security conference in munich but european allies like german chancellor angela merkel say the

pressure iran over issues that concern the the u.s. such as missile development and support of terrorism. so the vice president's warnings resonate joining me now is jonathan who have been address and spokesperson at the united states mission to the united nations bottom line john thon our allies don't want the to give up in business like in tehran. >> that's one of the key issues you hit it right on the head. other issue is that don't forget that angela merkel chancellor from germany she was involved in the negotiations to reach the 2015 nuclear deal. she wouldn't want to change policy against herself it doesn't make any sense really. and the others who, you know, are so in power over it they feel strongly about a deal there's a sense that better to be engaged with iranian rather than pull the plug on them because this sense that maybe you can negotiate with them but let's face it. the islamic republic of iran and that government has been in power for 40 years. >> how much does engagement, you

know, get us? they have ballistic missiles that some are say a violation of the security resolution right now, the critics say iranian nuclear deal get a 7 years or so. can they keep the deal as it is and then cut off billions of trade that props up this regime? >> look the money -- really and we've seen proof from that, by intelligence sources that money that goes through iranians has gone to continue their spread of can i yous in the middle east the problems in syria, problems in yemen bsh problems in yemen -- and all of this. and it is problematic. angela merkel the chancellor of germany did acknowledge that iran is a bad actor in the region. i really have a hard time understanding how you can have the philosophy and feel so adamant about a philosophy that you're able to change the ways of a regime that's been going on for 40 years. this is the 40th anniversary of the the islamic revolution in iran that government there's

been talk, i mean, even the you is involved in long-term negotiations with them that went nowhere. >> does their behavior change? >> hard toe make that argument given the past. the past is the best predictor of the future isn't it? eric. >> demonstrations that continue on streets of iran, 160 cities we're told. one of the major opponents at the national counsel of resistance of iran and of that group she's been calling for regime change points out they're protesting with more cells in iran doing that ands she's saying that european allies should put more pressure on tehran here's what she said in a statement. >> national community must -- the right and aspiration of the iranian people -- the national counsel of resistance evident to the regime has declared --

for -- [inaudible conversations] >> what are chances jonathon of that of what she calls for if the the european ally are hit up a separate system to bypass u.s. sanctions. >> it is really difficult to see that type of thing happen. you really need to have a united front to try to contain a problem. contain a menace like nazi germany you needed united front not to claim that all is okay and then have countries invaded by a rogue force iran has proven itself to be a bad actor we need support not only is it problematic with european ally but russian and chinese who were also parties of that negotiation were just meeting in sochi, russia vladimir putin president there invited the turkish president and a the iranian president to talk about the the future of the middle east. and here you have this alternative universe in which you have the the president of iran at that form in russia,

showing this united front against the united states and how they were talking about how they're building the new middle east which is, you know, let's face it, is that the middle east we really want to see? >> my man. at the same time there are -- claiming turkey is claiming erdogan to work out relations on trade also work with europeans on try aring to bolster their plan. >> meanwhile, i guess at our expension and europeans still predict of the money. tehran good to see you. >> you too. thank you. eric once one of the highest ranking catholic lead ors now he's expelled from priesthood what we're learning about washington, d.c.'s former cardinal that'd theodore but new coming to fox nation part of the big series, shocking tale of susan smith gripped nation after she said her two little boys

snatched by an african-american car jacker back in 1994 but turns out that wasn't the case at all. you can catch part one of that story february 21st when we did back into the case exclusively on fox nation. >> investigators believe that chances were slim an african-american car jacker existed. but authorities continued to bring black men in for questioning and to district the sketch. >> it just became more and more apparent to us that susan's story did not appear to be truthful. and fbi agent ran a official that didn't go well to susan smith. >> guy i know it is so hard to trust but you have to be strong about are janet she got shopping with ebay --

within of the highest ranking catholic lead srs now expelled from priesthood. post francis defracking washington, d.c.'s former cardinal theodore mckerik found him guilty of multiple sex crimes with minors and a priests. brian is live in new york city with more. >> laura this is unprecedented step taken by the vatican first time ever that a cardinal has been defrocked in other words expelled expel catholic priesthood as a result of the church's sex abuse scandal now decision by pope

francis to strip former cardinal theodore mckerik of his priesthood comes after vatican official found him guilty of soliciting sex during con education and abusing his power to the commit sexual abuse kriewms against minors and adults. one victim testified that mckerik began repeatedly groping him when he was 11 years old. abuse lasted for decades. last summer pope francis stripped mckerik of his title of cardinal 88-year-old was once the archbishop of washington, d.c., and one of the most powerful people in the u.s. catholic church. >> coverup can no longer be tolerated and a different treatment for bishops -- with abuse, in fact, represents a form of clinical there is no longer acceptable. >> he became a priest in 1958 and despite sexual abuse allegation as throughout the last five decades, he rose to become archbishop today the

archdiocese of washington said, quote, our hope and prayer is that this decision serves to help healing process for survivors of abuse as well as those who have experienced disappointment or disillusionment because of what former bishop kerik has done this decision laura comes days before start of a vatican summit launched by pope francis in which bishops will discuss preventing sexual abuse. laura eric. >> such a difficult story brian yen thank you so much. >> new details coming in tonight as police try to piece together a motive behind that deadly mass shooting at the chicago warehouse as gunman they say was about to be fired. we'll have a live report from iowa aurora, illinois with the fox report and we'll be right back. adding bayer aspirin can further reduce the risk of another heart attack. because my second chance matters. be sure to talk to your doctor before you begin an aspirin regimen.

when i went on to ancestry, i just put in the name yes, we are twins. of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com.

reach her health goals! i'm in! but first... shelfie! the great-tasting nutrition of ensure. with up to 30 grams of protein and 26 vitamins and minerals! ensure. for strength and energy.

♪ [laughter] well, that was the red hot chili pepper because toronto man is giving name cool art a new meaning. take a look using shovels rubber green turned hiss back during ice rink into version of leonardo da vinci mona lisa and he used this caption, quote, this is not exactly a masterpiece but i present the slow alica you think that's bad wait until i tell you it should be hanging in the igloo. [laughter]

j well look -- bad humor but what a great thing he did in the snow and, wow. >> thanks so much for joining us that does it for us. >> at least in canada they know about what stuff. jon scott, next. >> western learning or more in aurora, illinois the man worked there and began shooting moments after he was fired from the job he held for more than a decade killing five of his coworkers. good evening i'm jon scott this is the fox report. ♪ >> police have identified the gunman as gary martedden he also wounded five responding officers before he was killed by police gun fire. investigators say martin showed up for work yesterday with a 40 caliber handgun. aurora chief of police said hefsz he was able to legally buy because of a botched check for aggravated battery. >> according to witness at the scene who was part