eric: a new reaction to the president's declaration of a national emergency at the southern border. it prompted pushback on capitol hill. lawsuits from land owners in at least one border state. and more lawsuits are on the way. welcome to "america's news headquarters." i'm eric shawn. laura: i am laura ingle. >> yes it's an emergency that's been shown before.

at the end of the day this wall will be built not sea to shining sea, but about 200 miles. reporter: we are on capitol hill. the white house not too far from us. so many of this news is happening. president trump declared the national emergency within hours. lawyers had already filed a legal challenge. we know more are on the way. we expect to see those in the coming days democrats say the president overstepped and he's violating the constitution and the national emergency act was not necessary. >> is this the first time a president declared an emergency when congress specifically rejected funding for the project the president is advocating. if we give away the power of the

purse. it won't be a separation of powers. it will be a separation of parties. reporter: they say if lawmakers don't like it, they should change the statute. >> they pass a law specifically saying the president can have this authority. it's in the plain statute. that's a decision congress made. if people don't like that, they can address it. this would would not be an issue if the president was invoking that statute overseas. we use it to dose tridruglands in colombia and we can't deal with our own border? reporter: in the word of senator paul, he's disappointed.

many other republicans are siding with president trump. as for the legal challenges, officials in california hinted at a multi state lawsuit. javier becerra said california will definitely file a lawsuit. eric: now to what we are told is an escalating situation at our southern border. 1,600 central american migrants are waiting at the border and border agents said some of them are not waiting and they are trying to cross into our country illegally. reporter: we could see an influx this week. mexican authorities announced they will be closing on wednesday the makeshift shelter where 1,600 american migrants

have been housed for two weeks. government officials began break up the large caravan by busing them hundreds of miles away. but 1,500 migrants to let them move about freely in mexico. 70 people were deported back to their home countries. mexican authorities explained why they are closing the shelter. >> the conditions we have right now, the advances in registration and providing documents, the peace process and many who were ill when they arrived are being treated. the purpose of the shelter is practically concluded. reporter: tensions have been rising in the shelter the past several days. migrants were held in warehouses. a group of them clashed with

mexican federales upset that they weren't allowed to leave to shop in local stores. >> if they don't give you credentials for a humanitarian visa, you are never getting out of the shelter. reporter: the border patrol said they have had a spike in river rescues. but for those who are going to try to enter the u.s. legally, the wait will be indefinite. only about 20 people get brought to eagle pass each day to have their asylum cases heard because resources are so scarce. reporter: we want to bring in former acting i.c.e. director tom holman. i think everyone can agree we have a dissuasion at the border.

here is what rush limbaugh had to say today. >> we have an emergency. this is an invasion. the existence and definition of american culture, the rule of law. why doesn't anybody talk about the fact that millions of people are breaking the law coming here illegally and the democrat party wants that to happen. we can't have the breakdown in law and order. that alone would suggest this has gone on way too long. laura: with more areas of expertise, he see what's happening today, is this a national emergency? do you think this was the right call? >> i think it is a national emergency. i agree 100% with what rush said. we finally have a president that recognizes the emergency and wants to control it. he wants to secure our borders like in other president has.

they all talk the talk. but we finally have a president who walks the walk and wants to secure the border. i would have prefers a continuing resolution for 10 days to try to fix some of the terrible language in this bill. but the democrats said they weren't going to do another c.r. seen it bill or shut the government down. so yes, i think he did the right thing. laura: we know this will go to the courts. the national emergency has been invoked dozen of times by presidents. there has never been one successful legal challenge. president trump gave that play by play how he predicted it will go. where do you see the challenges coming up? >> everything he has done to try

to secure this border and try to establish the rule of law in this country and protect the american people, he gets sued. i think he'll win, but i think the lesson is every day they want to attack him, i think at some point they think they can wear this president down. they don't understand, this president is a warrior and he'll do what he thinks is best for this country and keep the promise he made. he was elected based on a series of yesterday had to secure this country. he said everything i promised the american people, i'm going to get done. everything he's doing is in the interest of this country. i can't understand the conflict from the far left. >> let's talk about what is happening at the border. what do you think about the national guard troops being used there? are troops necessary right now today and what kind of

deployment at the border do you think we could see moving forward as the national emergency declaration moves on. >> this is a clear example of these people putting politics and their hate of this president over their responsibility to secure the border. the california governor brown sent troops to the border. the governor from new mexico did the same thing. most of of these democratic governors recently pulled their troops back. because it's hard to say there noise emergency on the border if there are no troops there. they had pulled those troops back to help their case and sue this president. it's politics over public safety. laura: what are i.c.e. agents saying about all this? i know you are in contact with 20,000 support personnel. there has got to be a lot of

opinion about this. but what do you see is a common thread. is there a unifying vision in i.c.e. agents? >> 20,000 american patriots, these men and women, they take heat from the media. they come to work every day to do what's right for this country. and they support this president. they supported him during the shutdown when they weren't getting paid. and they have been around for decade just simmering that something needs to be done. they know they have a president that can fix it. the president is willing to take on all the hate to fix this border. i hear from them every day. laura: thanks for being here today. eric: help wanted. a united nations ambassador. the president's choice to

replace nikki haley, heather nauert is withdrawing her name. now there is speculation ric grenell could get that nod. this more on andrew mccabe's bombshell interview with "60 minutes." we'll have details and reaction coming up. >> i was very concerned that it was able to put the russia case on absolutely solid ground in an indelible fashion that were i removed quickly or reassigned or fired, that the case could not be closed or vanish in the night without a trace. >> tech: at safelite autoglass

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is this a bureaucratic coup? i don't know. laura: lindsey graham reacting to a stunning clip from andrew mccabe selling 0 minutes * that rosenstein discussed with him the potential for invoking the 25th amendment. there are reports that two cabinet members allegedly were ready to invoke the 25th amendment to try to remove him. reporter: president trump's winter white house mar-a-lago on palm beach, arriving aroun around:00 a.m. this morning. no cameras are aloud. so we can only presume he's

golfing. yesterday he met in person and over the phone with his trade team regarding trade negotiations with china. there was much talk in washington today about the morning political shows and tonight' upcoming -- "60 minutes" interview where he talked about the time after president trump fired james comey. mccabe says he discussed with james barrack and deputy attorney general rod rosenstein to invoke the 25th amendment to remove the president and secretly recording the president over concerns about his motives about russia and u.s. policy. >> the discussion of the 25th amendment was rod raised the issue and discussed it with me in the context of thinking about how many other cabinet officials might support such an effort.

it was just another topic that he jumped to of a wide ranging conversation. reporter: according to baker, rosenstein told him that some cabinet officials were also ready to remove trump from office. these allegations are receiving a lot of scepticism in washington today as mccabe is also pushing his new book. this afternoon as i mentioned. president trump will engage in trade talks about china with his trade team. they have meetings with the chinese delegation. tomorrow the president will make his way to miami to give a speech and rally on venezuela supporting the opposition leader juan guaido and also talking about as the white house puts it, the scourge of socialism. laura: phil keating for us live in west palm beach, florida. eric: what about this claim that

some cabinet members were on board to invoke the 25th amendment. john, let me be very specific. the report is former top fbi lawyer james baker testified in closed door session to congress that he allegedly discussed invoking the 25th amendment to remove the president from office claiming he was told rod rosen steinle said two trump cabinet members were ready to support such an effort. what do you make of this? >> i agree with senator graham that this is stunning. this is a threat to our democracy. it doesn't matter if you agree with president trump or support him or you don't. we remove presidents at the ballot box. we have an election coming up shortly. the house judiciary committee could consider impeachment. but a small group of people in the fbi or the justice

department to even contemplate this is shock. the 25th amendment was ratified after the assassination and death of president kennedy to clarify succession. this a provision if the president is disabled or unable to perform his duties. it doesn't contemplate removing the president because he fired the fbi director. this sound like talking about a coup and obviously it's something that never happened. i think both mr. rosenstein and mr. mccabe need to testify under oath to get to the bottom of it. eric: is it possible there was genuine alarm over the president's behavior weab said in private meetings and he was trying to stop the russia investigation? is it floss was legitimate concern at the top of the government among those allege two cabinet members that there

was something wrong, that something had to be done. is that sufficient? >> they actually started a counter-intelligence investigation. but my question is, who authorized that? if the president was acting as an asset of the foreign government, did they go to the joint chiefs? the congressional leadership? it's a small group of people. this was reported by the "new york times" six months ago. obviously nothing came of it. but it's a story now getting legs. you can't leave this to be decide by a small group of people in a democracy. eric: how do we know this is even true. this allegedly comes from banker saying rosenstein told him. it's double hearsay. wouldn't the natural question in closed door session of congress, to say two cabinet members were ready into joke the 25th

amendment, who were they? >> they have been named in the media. i'm not going to repeat them because i don't think we should give it any credibility. that's why we should testify under oath. the thought of wearing a wire with the president of the united states. as a prosecutor and a defense lawyer. i know when you wear a wire. if there rosenstein talked about that even in jest, the deputy attorney general should note joke about going into the oval office talking about wearing a wire. eric: he says it was in jest, do you buy that in the. >> i don't know. you and i could joke by the over a beer. but if you are the deputy attorney general sitting in the department of justice wearing that great hat with the lady justice and the scales. you don't joke about that. eric: mccabe's interviews, his spokesperson is walking back

some of those claims. here is what mr. schwartz tweeted out in mr. mccabe's name. certain the statements have been taken out of context and misrepresented. to clarify at no time did mr. mccabe participate in any extended discussions about the use of the 25th amendment, nor is he aware of any such discussions. he participate in a discussion that included a comment by deputy attorney general rosenstein regarding the 25th amendment. he merely confirmed a discussion that was reported elsewhere. so now he's saying it was an even he can dote and not to be taken seriously. >> the spokesperson is snieg extended discussions, which means there were no discussions. he's getting incredible exposure

by "60 minutes" promoting his books. he should be brought in under oath and let the american people know whether such an extraordinary plan was contemplated. eric: mctake's book, says it seems other trump dissidents didn't find reasonable opportunity to stand up to the president, talking about mr. mccabe's inner outrage when it comes to the president trump. is it possible they know something we don't or they suspected something we don't. they had legitimate fears about something we don't know tore was it just their dislike of the president as supporters say. >> they definitely had suspicion. the question is were they reasonable and based on fact. there had to be a mechanism above their heads to authorize this and determine whether it

was reasonable or just total not agreeing with the president. you don't form a little cabal of people, invoke the 25th amendment because he disagree with the president's foreign policy and you are unhappy that he fired your boss. you remove a president by voting for someone else. eric: john, thank you for your service to this country and thank you for your insight. laura: president trump's choice for u.n. ambassador withdrawing her name from consideration. heather nauert said she made the decision for the best interests of her family. gillian turner is live in washington with more on this story. >> sources tell fox news nauert's decision was over her concern of a past employee of a nanny who wasn't allowed to work

in the united states. the nanny in question lacked the proper visa to do the work for which nauert hired her. they said only the nominating process on top of traveling around the world and back and forth from d.c. to new york proved to be too much. this echoes what nauert herself said in a statement. she says the last two months have been grueling for my family. it's in the best interest of my family that i withdraw my name from consideration. it's unclear if she'll retain her role at the state department. but a spokesperson says i wish heather the best and know she'll continue to be a great representative of this nation in whatever role she find herself.

president trump heather nauert is going to work with nikki haley to replac to re -- to repr at the united nations. reporter: a spokesperson says the president will make an announcement with respect to a nominee soon. other names include some that the president previously considered. ric grenell. gina powell and john james, former senate candidate from michigan. eric: a second wave of humanitarian wave to venezuela has arrived along the colombia-venezuela border just a week after the first wave of u.s. supplies arrived in response to venezuela's interim request for humanitarian

assistance. but the slice are being blocked from entering the country by the forces of nicolas maduro. he's struggling to maintain power against growing opposition inside and outside the nation. it's not clear if the aid will indeed reach the venezuela people. laura: some 2020 democraticked hitting speed bumps on the campaign trail. we are there, hold we upgrade and downsize,

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and i believe on this stage who know how to fight, i do. and have a proven desire to be. >> welcome on later when interviewed by reporters, the woman who asked the question said she was in old at that answer but that she would continue to give paris a chance. meanwhile, minnesota senator amy klobuchar hit the trail yesterday at a coffee house in wisconsin. she spent a lot of time defending her guest note on the president spending bill that includes $1.3 billion for border barriers. end quote which are noted the bill is similar to legislation introduced in the fall which had overwhelming bipartisan support, but she added she did not support a declaration of a national emergency.

>> and is going to take money from emergency measures probably we don't know yet, but things that are really there to secure our country. whether it means that the military or things with disaster relief, whether it is fighting fires out in the last or protect in our lands in florida from hurricanes. laura: massachusetts senator elizabeth warren was also out campaigning yesterday in georgia when one man in the audience had called her about exaggerating her native american and history. >> i introduce who i am, a little bit of my story. we'll make this happen. so, i appreciate that you're here. what i wanted to start with today -- laura: is another one will hold more events in las vegas today and senator corey booker of new jersey will also be campaigning in manchester, new hampshire.

a busy presidents' day weekend for those presidential candidates. back to you. triggered any to vocal in our west coast newsroom, thank you for a match. eric: how it is shaping up, white house course on and at the daily collar. i know it's early, but who's going to get the democratic nomination? >> a venue that i would be a rich man right now. right now we see a lot of energy on the democratic side for someone harris. as was demonstrated yesterday, and there doesn't seem to be a positive vision that tissue space. it seems to be intertwined with the president and a lot of analysts have looked at that and said the president usually prevails when it comes down to these things and democratic candidate need to be looking more towards a positive economic and trade mission like you see with amy klobuchar and elizabeth moran. eric: the difference between someone harris and klobuchar is that she's more moderate peer

chooses its back. it could get down to progressives that more moderates. >> right, dual fight the democrats are fighting here. they have to look at the primary electorate which is overwhelmingly progressive than much of the media and the donor base that exists in that space and they also have to win back states like wisconsin and pennsylvania, florida and try to make north carolina a competitive state. these are not necessarily places or calls for medicare for all or enforcement of the border is going to go over well. it's a very difficult and it'll be new to in getting the nomination and eventually eric: in the general election. eric: the democratic caucus in iowa in january. let's look at the recent real clear politics average of other candidates. joe biden way ahead. he's got double that of bernie sanders at 31%. senator harris, beto o'rourke

has not announced a 6.5 and elizabeth warren at 6% and if you go down and see corey booker, at 3%. this is from the beginning of january, middle january until february 10th. are you surprised that many of those numbers? >> not necessarily surprising. this far out of those elections what you see is a matter of name recognition. senator sanders is somebody who beat the drum and i electorate the 2016 campaign. joe biden obviously a fixture of our national politics for almost 40 years and vice resident of the united states i.t. obama administration who was well-received in the iowa democratic: are it. it's a matter of name recognition. as these things bear out on the campaign trail starts to go on in a matter of months we will see what it really starts to look like. eric: how does the thread the needle? it's got to go to the

progressives. what is he due to come out of this and to get the nomination. >> he hasn't tried necessarily at this point. he's right now delivering foreign-policy speech. trying to use more traditional credentials. he did write and come out in support. he's rejected the idea to the republican party. it's not that he is trying to thread the needle in his bank on the fact he has his name i.d. he has his traditional path to victory if he were to try and win in a general election and is betting on not being able to get the nomination if he were to run. eric: he came close last time i was laid with the tragic death of though his son and other factors of the clinton campaign. you think uncle joe is going to do it? >> i'm really not sure. the security conference speech

is something that definitely points to where he's going to go. at this point you might look at as he did in 2016 and say there's a lot of money and a lot of energy going on here but it's hard to ignore your name at the top of the pole. if i had an inclination i think he probably will throw his hat into the ring at this point because he just feels he probably is the only candidate that can prevail in a traditional path to the area. eric: when you look at that des moines poll that we showed, 31.8%. take the other candidates. the more progressive candidates. sanders, harris, beto beto o'ro, warren, booker. you've got 38%. more progressive bloc is greater than biden's percentage. does that mean anything to signify what he has to do to get in? >> it does dignify the progressive wing of the democratic party wants to prevail against joe biden or their message, they would

actually want to encourage more people to drop out of the race so they could coalesce those people around one person. that happened in the republican primary with the current president. donald trump that 30% of the electorate. but many others in the republican base supported other candidates because it was so disparate the president under the prevailing. trade to the opposite is going to happen in more even coming in. nonstop. always good to see you. laura: the national debt now more than $22 trillion for the first time ever. a big talking point for some 2020 presidential candidate. fox news correspondent doug mckelway has more on this from washington. >> passing $22 trillion for the first time in growing more than $30 billion in the last 30 days. under president trump an

increase in domestic and military spending also growing number of the president's signature tax overhaul in 2017 passing $1.5 trillion. congress isn't taught me much about the debt these days but is making a big splash on the campaign trail. >> politicians on the left are proposing new programs without realistic plans for how to pay for them. politicians on the right talked about fiscal responsibility, but what if they do? they give a corporate tax cut. >> some are expected to run in the 2020 campaign proposing plans to solve the problem. it's not clear proposals will result in legislation. >> we should close the tax loopholes designed by and for the wealthy and bring down our debt. >> funding for social security and medicare may keep the debt rising and not to the billions of dollars the u.s. is taking an interest every day. president trump says the economy is strong and he will come back

on the spending priorities. >> we have a lot of things going. a lot of money in this country and were using a small percentage of the money to build a wall which we desperately need. >> in the year 2022 the national debt is expected to grow by trillion dollars every year and that number is expected to drop until 2029. in washington, doug mckelway, fox news. trade to some sadness from her fox and his family. longtime political pollster and fox news contributor pat caddell has died. a legendary democrat campaign strategists and how jimmy carter win the presidency back in 1976. his point expertise instrumental to president carter's victory. he was a longtime fox news contributor, commenting in his wand, direct and funny manner all things politics. the advised and top strategist on donald trump's campaign.

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laura: there is in a big development in the investigation of alleged attack on empire actor jesse's malacca. police sans mullet is no longer considered a big. mike tobin is following this hoary live in chicago. this has been a fast-moving story. what you have today? >> a lot of anonymous sources and they have been wrong. the official chicago police channel with information you just relayed that is no longer considered a victim in this case. he's not a suspect at least not yet. police on a get them back to the station and asking smart questions. an official statement that came

out of the chicago pd last night. information received from individuals questioned by police earlier in the case has in fact shifted the trajectory of the investigation. we reached out to the cast members are turning to a follow-up interview. individuals are a couple brothers from nigeria. one worked on the show empire. one identified by the legal team has personal trainer. they were picked up at o'hare airport in question a chicago police central command. official sources say the brothers are cooperating with investigators in due to evidence resulting from interrogations they were released and dropped as potential suspects. the anonymous sources have been saying the brothers were paid to stage the attack, that they rehearsed the attack. police have received for the purchase of a rope that was allegedly put around the mac. he's now a lawyer to appear at his legal team statement that reads in part jesse is angered and devastated by recent report

perpetrators are individuals he's familiar with. he's now been further but denies the claims attributed to these perpetrators that jesse played a role in his own attack. no word from the legal team if or when he will submit to further questioning. laura. laura: mike tobin, thank you. eric: laura, a few hours away from the great american race. get ready for the daytona 500 down in sunny south florida. we are live at the tracks. the full forecast straight ahead here on the fox news channel. i switched to liberty mutual because they let me customize my insurance, and as a fitness junkie, i customize everything. like my bike and my calves. liberty mutual customizes your car insurance so you only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ run with us on a john deere 1 series tractor. beacuse changing your attachments, should be as easy as...

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eric: gentlemen, start your engines. there happens to be no drivers at the daytona 500 race and marks the official race of the nascar season. lots of sunshine and the forecast for the big american race. live at the international speedway covered at all. hey, rick. >> hey, eric. an amazing day at the race. for the drivers and amazing for spectators and should keep the race going all the way through.

such an amazing event if you ever come. so many people cannot access here for all the kids are setting up. most of the pit crews are off eating lunch before the race starts. but the guys who you see changing the tires, everything without 11 to 12 seconds, that all happens right here. in the meantime before the event the 82nd airborne performing for the crowd. jay cohen is performing peer big concert here. take a look in the stands. everyone comes down here onto the grass and enjoys the festivities. the race begins. begins at 2:30 today and you can watch it on fox. train to thank you so much.

some technical gizmos. entering the race in the whole day there. it's a workday for us. laura and i will be back in three hours or so at 4:00 p.m. eastern with the very latest. laura: more news now from washington with leland vittert and kristin fisher. eric: take care. (straining) i'll take that. (cheers) 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors.

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