this is a fox news alert. a new reaction to the national emergency at our southern border fridays move by the president prompts not just push back on capitol hill but lawsuits as well and more are likely on the way. welcome to a brand-new hour inside america's news headquarters. >> thank you for joining us. it is sparking a showdown in congress. the democratic leaders vowed to respond forcefully. they hope to recruit some republicans to oppose it. the better way to solve this problem is to support what

they had supported in the past. those republicans who are criticizing the presidents are the same kind of republicans who just a year ago did not want us to debate in push for the law --dash mike while funding. but he is doing is robbing from them military to go build this wall. >> allison barber has more. we have democrats responding. the plane of the resolution of disapproval. the top two democrats have said that they would use every remedy available. in the courts in the public. they seem like they are planning to move ahead with the disapproval resolution.

they plan to introduce a joint resolution to terminate the declaration. a number of house democrats have indicated that they would support moving ahead with that sort of resolution if they do. it would most likely be in the other chamber. here's a little bit more of what she have to say. >> whether or not we have enough for the override and veto. i think there is enough people in the senate who are concerned that what he's doing is robbing from the military to build this wall. >> sources have told me the president was warned by republican president. if he proceeded with the clearing and national emergency. they would pass a resolution. and it would be privileged meaning that they would have no choice but to take it up and vote on it.

mcconnell and others want present trumpet it could split the republican party and the resolution would likely wind up on the president's desk forcing him to issue his very first veto. they suggested that the president is already prepared for that. >> he's going to protect the guarantee. the fact that were talking about this. this is a statutory issue in a delegation that congress made. >> some protests are being planned. where will they take place. and by whom. >> a number of protests to be planned. they had protests against the fake emergency. in california they are not just protesting that state is also expected it to assume the present.

they will definitely file a lawsuit. they said this morning it is imminent. >> for more on this we want to bring in a study --dash mike steve nelson for the washington examiner. good for you to be with us today. they have now vowed that they would use what they have every remedy to push back against the president's declaration. something he said he knows full will will happen. see mac how to think this is can happen. it's can be played out on. and then there is can be the legal battle or the battles the resolution that you just heard. is it going to pass that democratic house. it may pass the senate. that will and that challenge. in the courts. it's can be much more

interesting there will be questions of the cne and if ceiling and if there is a decision on the merits is can be really interesting. we don't know exactly where that's can be. despite there being dozens of national emergencies to date none had been particularly controversial. the courts would not rule against the president. i want to play a piece of sound in case anyone missed it. he argued today on fox news sunday. that they had power to redirect funds. the meaning of the statute is clear on their own terms.

congress has appropriated money for construction of a border areas consistently. we had declared national emergencies for democracy in belarus. and money that they refused to appropriate it. they passed a law saying that it could have this authority. it's in the plain statute. there has been a lot of passion on the issue of where the money is coming from and how it is going to be moved around. what is the word there where you are deep --dash mike do people think he is right. it depends on who you ask. one interesting thing he said.

congress has voted for similar things previously. if that they were to sue and challenge this declaration. things would really be interesting. and members of congress had tried this in the past say we did not approve of the libya war. it ended up being thrown out of court by a judge that said you could pass legislation to stop the war. >> there will be an interesting challenge if it comes from lawmakers we've have all of these other different emergencies. why had they not been struck down. of course they did not attract the lawsuits it is certainly going to be an interesting road ahead. president trump has predicted that he will lose the ninth circuit and when the supreme court. >> is also interesting there has been a lot of vocal opponents including some republicans out of there.

he's basically daring of the courts with this. >> this is the first time that the president has declared an emergency when congress rejected funding he is daring during the court to strike this down. i will say this. it will be a real test for my gop colleagues in congress. is it a dare. i did not had to do this. and then you had people calling it a dare here on sunday. one thing i was surprised by was when the white house have the conference call. they went over the numbers there was an equally large

amount of money in from the fence department. even in the worst case scenario. the emergency was somehow to be struck down. there was a lot of money that they were able to locate without emergency powers as well. what level of risk do you think this is for future presidents down the road. they had expressed concern about going through the congress. they could end up limiting the power to ask when it was really necessary. that could be the case. and some conservative critics could pointed out. they could do something similar in terms of policy. steve nelson i think you so much for being with us today.

just a national emergency and what it means. and can it be legally inactive. the search and rescue efforts. more migrants are trying to cross the river into texas as a shelter house --dash mike housing hundreds of them. >> hi eric. of the migrants seen in that shelter just on the other side here. all but 100 of them had been given humanitarian visas that allow them to move freely around mexico. many of them wanted to make it to the united states so with that shelter expected to close on wednesday this coming week we could see a surge of migrants make it to u.s. soil.

he has not determined if a border wall is a military necessity or how much pentagon money would be used to pay for it. even with them bypassing congress. unless the secretary approves it. people here are already growing uneasy with the increased law enforcement's here in town. >> we have always felt safe mexico does its part. we have confidence in the border patrol is not a ton of murders are unsafe or anything like that. >> the border patrol agents have a different take on the situation. seventeen people were pulled from the water in three separate incidents. many of the migrants are families with children but not all of them.

>> we arrested some to hear crossing the border. we know that's a concern when we are talking with any group. >> they haven't tried to break up that caravan. busing them to neighboring border towns. about 400 people have already been moved. >> murder suspect just trying to cross that river. to oust the president.

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>> this is a fox news alert isis is a holding nearly 1,000. civilians in a tiny square mile of land which is all isis has left in the country. according to a u.s. backed syrian militia. and the fate of those civilians is a growing concern with u.s. troops preparing to withdraw from syria. we have more from the jerusalem bureau. >> the caliphate is days away from being completely destroyed according to a syrian democratic fighters but syria now faces a new challenge deciding what to do with the hundreds of foreign isis prisoners currently being held by british forces. they had cornered isis fighters near the city of bacchus. it is expected to be destroyed by the end of the week. they're holding an estimated 1,000 civilians.

meanwhile european governments are deciding how to prosecute their own citizens who want to join isis before the group was mostly destroyed. it was discussed this weekend at the munich security conference. speaking today. they talked about the effect of isis into the country's civil war on. individuals. >> they had softened terribly in the war. as they debate how to handle these foreign prisoners.

they are claiming the same territory as their own. thank you so much for that report. >> as for those prisoners present trump is demanding that our european allies take more action to deal with those fighters. the president tweeting this. the united states is asking britain, france germany and other allies to take back over 800 fighters that we captured in syria and put them on trial. the u.s. does not want to watch as these fighters permeate europe we are pulling back after 100% victory. now, do you think our allies will step up with these fighters as the president is demanding? >> i think there are some european countries that will take back these they will be

prosecuted. they tend to be so liberal that there is a fear i think of some capitals that some of the fighters could actually be freed and get away scott free and i think that is a real problem in europe actually. the failure of the court system to be able to deal with these terrorists and we do have a major problem as well with some of the national human rights for example. i do think there is a real problem in terms of europe's overall reaction to this huge problem. they should take them back. they cannot be released back onto the battlefield.

the terrorists would inflict further activity in europe if they are allowed to roam free. two fully prosecute these terrorists. they've a very weak track record on this. >> what resonates with me is what you say. the european countries need to do more for what is needed. vice president mike pence was at the munich conference. basically urging our allies to do more against iran here's what he said. >> the time has come for our partners to stop undermining u.s. sanctions against his murderous regime. the time has come for our european partners to withdraw from the iran nuclear deal and join us as we bring the economic and diplomatic pressure necessary to give the iranian people the region and the world the peace, security and writ freedom they deserve.

they are trying to create their own weight to invade u.s. sanctions. i think they were actually writing the message on iran. the european union and union and some of that. our fighting rather than standing with the united states over the new york clarity appeared or they stand with the murderous decision. for example germany and france. they continued to do business with the regime. u.s. sanctions against iran. this has to end and after all if indeed they become a nuclear weapons power they

will be first in line to hit does. but other supporters of the deal say it has kept iran in line. they can be constrained. and it is a matter of engaging with tehran and that's a plus. through the nuclear agreement. they will then be free to to pursue pursue the program after that. is also actively supporting terrorism across the middle east. and it is actively building up that military capability. in the long run they will become the nuclear weapons power under the jcp away

agreement. at that going to stop them from becoming a huge threat to the free world. >> they refuse to accept the reality here and that that it is a deadly threat and they are in full appeasement mode towards that regime while the united states israel and other allies are standing up. it is time for the allies to step up to the plate and to work with the united states in order to defeat the threat instead of enabling the threat through continuing investment in trade. this has to end. it is the national council of iran. she is based in paris there has been hundred and 60's.

and she is calling on the international community to do more echoing what you just said. here's what they said in a recent statement. the community how can the community do that. >> i think the united states is leading the efforts to isolate the regime and make it far harder for iran to operate in terms of acting as international terrorism. it is vitally important that all members of the free world work together against the brutal dictatorship in iran. this is one of the most evil regimes in the world today and it's absolutely vital that all of the members of the western alliance stand with the united states in confronting this regime in any effort to continue with iran simply

supports the actions of the world's biggest state sponsored international terrorism. they are rising up against their own dictatorship. i can expect to see more and more protects bite hard against this regime. but we need the entire free world working together against the brutal murder. they think billions in trade is the way. and that continues. thank you. the 911 victim compensation fund is running out of money. we are live from the new york bureau with more on the story. >> the victim compensation fund would be set up in 2011 to have those that are sick

and dying because they were exposed to toxic dust. the number of people dying is now nearing the number of those killed in the attacks in by 2021 congress gave the victim compensation fund. $7.3billion to pay out until december 18, 2020 and $33.2 billion thousands more are expected to file a claim within the next two years. so all pending claims filed before february 1 will receive play out slashed by 50% and all claims and it is an

equitable. we are hopeful that despite the difficult situations a 34% increase. not a day goes by without ten to 15 new people in the september 11 community calling up insane i have cancer. the colorado senator plan to introduce a decision this week to permanently fund this. thank you so much. it's important report to keep on top. chicago police say that the investigation into the alleged hate crime against jesse

smollett, has shifted and they no longer call him a victim. >> the former fbi director. to testify on capitol hill and say what he knows about that bombshell interview that he gave about officials at the top of the government. allegedly talking about using the 25th amendment to remove the president from office. whoa. this looks worse than i thought.

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those reports that he claimed rod rosenstein discussed using the 25th amendment to remove president trump from office that is something in his spokesman is now backtracking on. near the mere lago estate. they had returned to mara lago after spending about six hours today at the international golf club. he said this afternoon he would be meeting with his trade team in person and some calling in from dc over the phone. in the ongoing trade negotiations. one of the big topics on the sunday political shows was the

60 minutes interview and the highlights that they released. he talked about the time right after president trump fired the top lawyer and deputy attorney general about evoking the 25th amendment to remove the president and even secretly recording president trump over concerns about his motives with russia and u.s. policy. >> the discussion was simply rod raised the issue and discuss it with me in the context of thinking about how many other cabinet officials might support such an effort. >> another kind of topic. according to baker some cabinet officials were also

ready to remove trump from office. things were taken out of context. senator lindsey graham wants to subpoena all of the people involved. former senior investigative council. chris i want to start with you.

my take on it. you have to consider the credibility of the witnesses involved. with the inspector general's office. the determined that he would a lack of candor. or the other person involved in this is the person that was involved with texts that were derogatory. in the former fbi general counsel. they are publicly stated that he did not seriously discuss invoking in the 21st amendment with respect to president trump. if they really have cabinet members who believe that the president should be removed if

they don't believe it than i think congress should continue to look into this. when you take a look at this. how does all of this play out from a defense perspective. also the fourth article. it does not apply to president trump. the removal section for deals with when a president has a serious illness where they are basically unconscious they have a terminal illness. not just because a few members of the president's cabinet does not like his personality or his decision-making so that's where we need to start that. it does not apply and it won't be used to remove the present.

in conversation with the deputy to attorney general. this is what was related to me head at least two members of the president's cabinet and ready to support an action under the 21st amendment. how do we get to transparency when every side seems to have so much to protect. >> i think it's what senator graham said. actually you still work on house oversight committee. and what i would suggest to do is to bring in everybody separately a public hearing on the record.

and everybody can get their side of the story out. the american people can it is just as an interesting and important part of transparency. while he is out promoting the book. does his message get diluted with the spotlight. i was just talking to chris about this prior to the segment. >> it's not ironic that this is coming up while he is promoting his book. now it is back in the spotlight. as chris stated i think each person needs to testify under oath. right now all you are hearing as hearsay statements. i do feel like he's doing it to get attention and to get more book sales and it's

obvious. >> we have to leave it there. i appreciate you joining us today. there is some new evidence we are told in yet another twist. the latest on this developing and continuing as our story. >> eric, questioning police about whether it was headed to the grand jury. they have a new information that needs to be cooperated by jesse smollett himself. and then they can answer the question about the grand jury. they did not clarify what that new information was. it needs to be cooperated. they requested that he come into the police station to answer follow-up questions. they told me that he was no

longer considered a victim in this case. he was not considered a suspect either at least last night. it came after they detained and then released a couple of brothers from nigeria. one of them worked on the show empire. they were picked up at o'hare airport. with the central command. the official source says that they are cooperating with investigators and due to evidence resulting from their interrogations they were released and dropped as potential suspects. they were paid by him to stage of the attack. that it was rehearsed. that they have a receipt for the purchase of a rope that was put around his neck. the official channels have confirmed that none of that. he has now lawyered up. his team said he is anchored in devastated and further victimized by the people who are questioning his account. >> just a quick follow-up. considering how harshly his

lawyers are firing back is there any indication that he will actually show up with lawyers in tow. >> we have no indication about whether he will or well not show up. it had have been quiet throughout the day. >> there is no shortage of people hoping to be elected president in 2020. the latest from the campaign trail coming up. in a new especial is coming to our streaming service. this thursday it dives into the shockey story of susan smith. >> investigators believed that an african-american carjack or existed. are existed. they continued to bring black men into questioning and distribute the sketch. >> more and more with the

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to advanced amd. that's why i fight. because it's my vision. preservision. also, in a great-tasting chewable. >> it's not all about relaxing and remembering. they are hitting the campaign trail this weekend including senators cory booker, elizabeth warren and harris. anita vogel is alive in our newsroom checking on all of this for us. >> the field is already getting clouded even though the dems are just really getting started. senator cory booker was the guest of honor with a group of young democrats in manchester

new hampshire a place he will be back to many times during the course of the campaign. he told the crowd at that they can go all the way. >> the blue tsunami that came through here electing local leaders. that's how you save a country. on saturday california senator kemal harris made several stops in south carolina. at a town hall in columbia. one woman ask her if she was the one candidate who could beat president trump. she answer the question like she have the unique ability to fight for justice. the woman said she was not sold but would continue to give harris a chance. a lot of time presenting the yes vote. he knew the bill was similar to legislation in the fall. she added she did not support

a declaration of a national emergency. in elizabeth warren have an event in las vegas today but was also campaigning yesterday in georgia where she continued to be heckled about her native american ancestry. >> this presidents' day weekend is living's living apps to its name with some of the 2020 declared candidates. and only about 20 more potential candidates still thinking about jumping in. laura, back to you. >> what a year it is can be. you can expect a wintry presidents' day. they killed one person last week so be careful of driving this weekend are our full forecast is next. t you can beli,

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>> running up to the upper midwest and the northeast, all areas where you can see some winter activity. a couple of big low pressure systems move on through. this is the first one, so if you

were concerned about that snow and you live along the east coast, this is tonight running into early tomorrow morning, maybe an inch, maybe go inches. >> guys, temperatures here the next couple of days, it's looking very winter-like. winter is still here. the groundhog, even though he said spring's on the way, a little more winter still. eric: all right. thanks, adam. >> that's going to do it for us -- eric: greg gutfeld and his gang of merry-makers, they're next. greg? with savings and checking accounts you can open from here in 5 minutes. this is banking reimagined. what's in your wallet? the best simple salad ever?d

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