we thank you, jonathan hunt, for bringing it to us. we will have more for you across the fox news channels. >> shepard: breaking news. i'm shepard smith in new york. our reporting begins with the bomb shell article that broke in the last hour from "the new york times." it's a lengthy and comprehensive piece of reporting that includes this. sources tell the times that president trump asked matt whitaker if he could replace the head of the michael cohen investigate with a trump ally that already recused himself from the probe. our senior judicial analyst, judge andrew napolitano calls this evidence of corrupt intent and the very definition of obstruction of justice. minutes ago, the president denied that he made the request. we'll hear from the president shortly. the times reporting is by mark mazetti, nicholas spandos and

michael schmidt. the context is report. let's re-visit what had happened. michael cohen had been involved with the paying of hush money to two women that claimed they had sex with the president. he was the president's long-time lawyer and fixer and the feds raided his home and office. the initial expressed support for michael cohen. rudy guliani called him honest. when cohen told the court that trump ordered him to make the payments and as we reported here testified that the president was an unindicted co-conspirator, he turned on the president. so jeff sessions was out and matt whitaker was put in. he was an attorney and an cnn contributor. he said the mueller investigation went too far and trump's finances were beyond

mueller's purview. as acting attorney general, he said to associates that his job was to protect the president. the times report he told associates that his job was to jump on a grenade for the president. so with michael cohen cooperating and the investigation building, the times reports the president called the new acting attorney general who seemed to be a trump ally and asked him if a new person could be put in charge of the cohen probe. as the time report goes, he asked whether jeffery berman, the united states attorney for the social district of new york and a trump ally could be put in charge of the widening investigation according to several american officials with direct knowledge of the call. in essence according to the times, the president asked if someone he consider as loyalist could lead the investigation of which he was a part. the times writes that there is no evidence whitaker acted on the question. but it's the alleged phone call itself that raises the legal

questions provided the times reporting is accurate, did the president break the law in making the call to the attorney general? we'll take that judge andrew napolitano shortly. first, john roberts with the president's reaction. >> good afternoon. another in a long list of allegations that at some point the president has tried to use his influence to try to influence an investigation. a short time ago citing his director number for for the space force to be created under the air force. the president asked about this and denied that he asked whitaker to put berman in charge of the widening investigations there in the southern district of northern. he denied any idea that he had soured on whitaker as the acting attorney general as a result of that. listen to what the president said here. >> no, not at all. i don't know who gave you that. that's more make news, a lot of

fake news out there. no, i didn't. >> what is your relationship with mr. whitaker? >> very good. i have a lot of respect for him. he's done a great job. a very, very straight shooter. i watched him during the hearing, some of it. i thought he was exceptional. he's a very fine man. he should be given a lot of thanks by our nation. >> so the president there saying he's got no problem with matt whitaker that will no longer be the attorney general very shortly and going back to say he never asked with iter wi -- whi to put berman in charge of the investigation. the president said i don't know who gave that to you. that is fake news. the president sounded surprised being asked about that question. according to maggie haberman, she said as often happens, white house was fully briefed on the

story and didn't choose to say anything ahead of the publication. then the president comments afterwards. so he was fully aware of everything that "the new york times" was going to report. the statement that the department of justice also shooting down the allegation for him to do him a solid. the doj said under oath that acting attorney general whitaker stated that at no time has the white house asked for, nor have i provided any promises or commitments concerning the special counsel's investigation or any other investigation. mr. whitaker stands by his testimony. no question this will just add to the litany of items that the democrats will be investigating for the next 18 to 20 months. shep? >> shepard: thanks, john. remember the wording there. no promises or commitments. that's not what the times is reporting. fox news judge andrew napolitano is here. they're not saying -- the times is not reporting that matt whitaker provided promises or anything else.

they're saying a phone call was made. here's the full screen. in the phone call, the president asked whether jeffery berman, the united states attorney for the southern district of new york and a trump ally, could be put in charge of the widening investigation, the cohen investigation, according to several american officials with district knowledge of the call asking him, could we put my ally in charge of this cohen thing because it just went badly. in essence, according to the reading of that, making him an unindicted co conspirator. >> and matt whitaker just testified that the president referred to that testimony and answered the question from one of the reporters that he had not been asked to influence any decisions that the doj was being asked to make. >> shepard: is that the same thing though? what he said was could you put this guy in charge. could he be put in charge. the semantics matter. >> they do. the two potential crimes here for matt whitaker.

one is perjury, lying to the according. one is misleading. you can be trustful but still misleading. there's the two statutes there. you not only have to be truthful, you cannot mislead. so if he said the president never asked me to do something and its misleading because he knew what the president wanted. jeff berman is a respected lawyer. >> shepard: is that the one according to the times that the president wanted put in charge of the cohen investigation? >> because the president nominated him and caused him to be the chief federal prosecutor in manhattan. mr. berman had the good ethical sense to say this involves donald trump? i'm not involved in it. >> the phone call, if the times reporting is accurate, is that phone call evidence -- the phone called would be evidence of what? >> corrupt intent. that is an effort to use the levers of power of the government for a corrupt purpose to deflect an investigation into himself or his allies. remember, the federal

prosecutors in new york have two investigations going on. one was the investigation of michael cohen. and that is passed on to a guy named bob kazumi. used to by the way as the securities and exchange commission. he told a federal judge, this michael cohen, david pecker, paying woman to remain silent was orchestrated by donald trump. second investigation. one still going on here in new york, is the investigation of the trump inaugural and transition. who paid for all that and was there anything that went wrong in the payments. must be some there there because they are investigating it. president trump, if "the new york times" is correct, wanted his ally to be in charge of both of those investigations. matt whitaker apparently did not execute that command. >> shepard: but that phone call, you said that evidence is of corrupt intent. >> on the part of the president. he's making a --

>> shepard: would that be obstruction? >> yes. well, attempted obstruction. it would only be obstruction if it succeeded. if you tried to interfere with a criminal prosecution that may knock at your own door by putting your ally in there that is clearly an attempt to obstruct justice. >> shepard: the article is lengthy. its on newyorktimes.com. >> there's a very disturbing discussion about his utilization of colleagues in congress -- >> shepard: he wasn't asked about this, but go on. >> you're right. utilizing their subpoena power because the republicans controlled the house of representatives at the time to subpoena documents that bob mueller wanted to keep secret in order to interfere with mueller cause people to question his motivation. i've never seen anything like

this before. a sitting president of the united states using his allies in the congress to interfere with an ongoing criminal investigation. this breaks new ground. >> shepard: if that's the allegation in the times report today. the four reporters with the by line there, people will know them and their reporting has stood up well. you wonder we're at the very beginning of this. this has been out in the open the last 1 1/2 hours. the president's white house has been involved. if you watched in there as john roberts reported, it appeared from the president's reaction that he knew nothing of this. his white house did because maggie said the times told him. >> it appears he was surprised by the question. he didn't know the article was out. the article is dynamite, lengthy and well-documented. where it goes from here, i don't know. i tell you who is know reading it as we speak, bob mueller and team. >> shepard: judge, thank you. more on this as it comes. there's more breaking. it's one of those days.

president trump's national adviser, michael flynn, wanted to share nuclear technology with saudi arabia despite warnings from national security officials. that's a new report from the democratic house led oversight committee citing whistle-blowers in the president's own administration. michael flynn pleaded guilty inned the investigation. back to john roberts again. michael flynn, saudis, nuclear. >> this is something that elijah cummings had been investigating for a number of months when he was a ranking member. now with democrats control of congress, he's launching a full blown investigation to what was going on. according to a report that i read, according to whistle-blowers a staff report from the committee, multiple whistle-blowers have come

forward to express concern that the former national security adviser michael flynn was helping to spear head this plan to send nuclear power technology to saudi arabia. flynn was an adviser to a company called ip3 that was developing a proposal to build nuclear power plants in saudi arabia. the whistle-blowers also say that flynn failed to disclose on his security clearance renewal application a trip that he took to saudi arabia in june of 2015 on behalf of ip3 which we point out has several retired generals on its board. one senior political official stated the proposal was not a business plan but rather a scheme for these generals to make some money. that official stated okay, you know, we cannot do this. the whistle-blowers, the main promoters of the plan, general

michael flynn, the national security adviser, his former deputy, k.t. mcfarland and thomas barack. the report says that the whistle-blowers expressed significant concerns and warned conflicts of interests. they have warned about a working environment inside the white house marked by chaos, dysfunction and back biting. they said the ethics counsel and the office of legal advisers were concerned that flynn himself may have violated criminal law but acting as an adviser to ip 3 at the same time as acting as national security adviser. so again, this is something that will be thoroughly investigated by the democrats. elijah cummings promising he

will do that, shep. >> shepard: john roberts live from the white house. thank you. two more large reports coming up next. stand by. the news continues with breaking news in just a moment. home values are rising, and with newday's va cash out home loan, you can borrow up to 100 percent of your home's increased value. you could get 54,000 dollars or more and lower your payments by over 600 dollars a month. with automatic authority from the va, newday can say yes when banks say no. take advantage of your home's increased value. call newday usa now. go to newdayusa.com or call 1-855-newdayusa

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>> the former acting fbi director andrew mccabe says the bureau had investigation that led investigators to believe that president trump might be a national security threat to the united states. that is why he opened a counter intelligence investigation to the president in 2017. mccabe says he informed the gang of eight as they called them, top congressional leaders, both republican and democrat. nobody objected. the majority leader mitch mcconnell and the then house speaker paul ryan and their democratic counter parts gave no resistance. mccabe spoke to nbc news while promoting his new book. he said it was not his decision to open the investigation, but a recommendation from his team who thought the president himself

might be a national security risk. president trump is pushing back against mccabe tweeting, among other things, so many lies. the chief intelligence correspondent, catherine herridge reporting live. >> andrew mccabe told nbc that he briefed congressional leadership on the case against the president in may 2017 right after james comey was fired. >> and i told congress what we had done. >> did anyone object? >> no one objected, not on legal grounds and not based on the facts. >> a member of gang of eight called his remarks misleading. he sadown played his conversatis described as serious with deputy attorney general rod rosenstein about invoking the 25th amendment was trump fired comey. >> i made the decision not to include these comments in the

book because they were exactly that. it never went beyond the realm of a brief off-handed comment by the deputy attorney general to me. >> yesterday a department of justice official told reporters that rosenstein expects to leave the department mid march. >> shepard: catherine, roger stone facing charges in the russia investigation. he's been ordered back to court. >> that's right. earlier today, the federal judge here in washington posted a gag order on the case. the back story here, judge jackson showed cross hairs in the background. it's been removed and stone apologized. he reposted the photo without the cross hairs and slammed the outcoming trial as legal

trickery.stone's lawyers say their client will apologize to the judge in person thursday. >> shepard: thanks so much. >> you're welcome. >> shepard: ahead police in chicago investigating a tip that if true could blow the lid off of jussie smollett's story about being a victim of a hate crime. that is coming up as reporting continues on this tuesday afternoon. oh! oh! ♪ ozempic®! ♪ (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes,

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want more from your entejust say teach me more. into your xfinice remote to discover all sorts of tips and tricks in x1. can i find my wifi password? just ask. [ ding ] show me my wifi password. hey now! [ ding ] you can even troubleshoot, learn new voice commands and much more. clean my daughter's room. [ ding ] oh, it won't do that. welp, someone should. just say "teach me more" into your voice remote and see how you can have an even better x1 experience. simple. easy. awesome. >> shepard: there's new information in the jussie smollett investigation. police in chicago now say that they have not been able to confirmed a tip that the empire actor was in an elevator with two men on the night of his reported attack. the tipster claimed the men were the brothers that police later arrested and released. police told fox news matt finn

that they reviewed surveillance video from the apartment building again but they can't find video of the three together. jussie smollett is block and gay and is the star of the fox television show "empire." he said two masked men physically attacked him and yelled racial slurs. they said this was maga country. smollett's lawyers says he feel victimized. matt finn is reporting live from chicago at the spot where smollett says the attack happened. matt? >> shep, at this hour, chicago police and jesse smollett's crisis manager have not confirmed that jussie talked to police told. police say they want to give him a responsible amount of time to respond to their very important request for a follow up interview in this case. chicago police say what happens next in the coming days largely depends on jussie's actions.

it's possible that jussie smollett may stop cooperating with police and police could seek an arrest warrant by taking the case to prosecutors or a grand jury. police also acknowledge that they could -- if smollett stops cooperating, this case could stall. filing a false police report here is a class 4 felony and carry as sentence up to three years and also probational. we want to seat the seen for you, this is the intersection where chicago police say jussie smollett filed the report of the alleged attack. this door here would be the door that jussie used to get in and out of his building, this is where the brother were spotted on the sidewalk. you may have seen that picture many times of the two brothers walking along the street. if you look up, there's a camera there. we think that is probably the camera that spotted the two brothers. chicago police cannot confirm that. from this location here, jussie

smollett would have walked a couple blocks around the subway and back, shep. >> shepard: initially the police in chicago said that they -- that his report was credible and then they called him a potential victim. how are they categoryizing jussie smollett now? >> they're no longer insisting his a victim. they called him the person that reported this incident, shep. >> shepard: matt finn live on scene. thank you. millions visit the ground canyon every year. now there's word that some of them may have been exposed to radiation 400 times stronger than what is safe for adults and thousands of times the limit for kids. not at a park but at a museum on site at the grand canyon, a whistle-blower says the radiation came from uranium rocks kept in buckets. tra

trace gallagher reporting live. what is these? >> these three paint buckets filled with uranium ore had been sitting here for two decades. the health and wellness manager said the big concern is the buckets were next to an exhibit that kids that are more vulnerable would sit next to for 30 or 40 minutes at a time. the only reason they fund the uranium, the son of a park employee got a radiation hit when he went near the buckets. but a worker sent this e-mail to colleagues said if you were in the museum's collection building between 2000 and june 18, 2018, you were exposed to uranium by osha's definition. the uranium was finally dumped into an old mine on site at the

grand canyon but the buckets were brought back in the building. >> shepard: trace, what is the response from the park service? >> the park service confirmed to us that an investigation is underway. a spokesperson said a radiation survey was conducted at the museum's collection building saying it found radiation levels at background levels, the amount always present in the environment and below levels of concern for public health and safety. the spokesperson went on to say there's no current risk to the park or employees and the building itself has reopened, a spokesperson for osha said an investigation was underway. the whistle-blower thinks the park service has a secrecy pact to conceal the radiation exposure data. we should say so far there's been no information released about whether park employees or visitors were ever put at any risk. remember, there's significant evidence showing long-term exposure to radiation greatly

increases the risk of getting some cancers. shep? >> shepard: thanks, trace. live from los angeles. the gondola ride usually not the scariest ride at the amusement park until there's violent winds and you're left stranded in the air. that happened in seaworld in san diego. 16 people including children and a baby stuck in their gondola for hours above mission bay. a dad said we clutched for our lives and didn't know if we were about to drop. rescue teams hat to climb up and strap harnesses on to people who had to rappel to lifeguard boats be a long. nobody got hurt. more than two dozen states facing a massive winter blast over the next couple days. we'll head to the fox extreme weather center to see how bad it's going to be in your neck of

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>> shepard: fox weather alert. it's february. more than 200 million americans, 60% of us, are in for snow, rain, ice or a mix of it all. that's according to the folks at noaa, the national oceanic and atmospheric administration. even on the vegas strip. look at this. two inches of snow fell there yesterday morning. wow! meteorologist adam klotz live in the extreme weather center, this is extreme. >> shep, you mentioned how massive this is. 200 million people. these are winter storm watches and warnings across the country from philadelphia through chicago, stretching back to new mexico, arizona. all areas where winter storms will be impacting this as we're talking about a very large system. all of this moisture is lifting off of the gulf of mexico. still rain, but as you get to the northern reaches, you begin to see this in the plains states and turning into snow.

it's where the temperatures are cold enough to support ice and eventually support snow. the only spot where it's warm enough to be rain is where this is moving. it is going to be running to much colder air. as it moves across the eastern half of the country, it's going to be snow and ice and sleet and turn out to be a mess. here's the future radar. overnight, running into the northern midwest, the great lakes states, to early tomorrow morning. by early tomorrow morning, we see the leading edge of this system and the colder air, shep, beginning to move to d.c. area. they could see 3-5 inches of snow, running to the mid-atlantic and stretching around that region before turning into ice. now maybe some snow for new york city, but it will likely quickly turn into rain on the back side of this system. i do think by the time we get to thursday, we're clearing off. yeah, a lot of people, 200 million, begins in the next several hours and will be lasting to thursday. >> shepard: thursday, mid fight in new york city. >> warming back up.

>> shepard: i'll wait for that. appreciate it. a live like in philly. the former vice president, joe biden talking part in a discussion at the university of pennsylvania. a source with direct knowledge tells fox news is almost certain to run for president in 2020. no word on whether this will be the moment he makes the annou e announceme announcement. we're monitoring it. this comes as senator bernie sanders throws his hat in the ring. he gave hillary clinton a run for her money in the 2016 democrat primaries. >> you're going to run for president? >> i am going to run for president, that's correct. >> what's going to be different this time? >> we're going to win. we're going to also launch what i think is unprecedented in modern american history, a grass roots movement to lay the ground work for transforming the economic and political life of this country. that's what is different. >> senator sanders joining a crowded field for a chance to run against president trump.

as it stands, 11 democrats. he has to become a democrat. 11 officially running or launching exploratory committees. peter doocy reporting in new hampshire where several democrats have been making stops. hi, peter. >> hi, shep. senator sanders is picking a fight with the president. >> bottom line for me is i think it is absolutely imperative that donald trump be defeated because i think it is unacceptable and un-american to be frank with you that we have a president that is a pathological liar and gives me no pleasure to say that but it's true. we have a president that is a racist, who a sexist, who is a xenophone and doing what no president in our lifetime has come close to do. that is trying to divide us up.

>> with that, the sharp-tongued senator is trying to confront president trump more directly than the other 2020 hopefuls like cory booker. >> we as democrats especially make it about him and not about us, make it about one office and not the cause of our country, we're making a very big mistake. >> but president trump apparently does not have the same strong feelings about sanders. he welcomed him to the white house and says he likes bernie. >> shepard: the campaign has responded to the sanders announcement separately, right? >> right. they tried to elevate him to the top of the field of potential trump challengers. a spokes woman said this. bernie sanders has won the debate in the democrat primary because every democrat embraces his brand of socialism. but the american people will reject high taxes and coddling

dictators in venezuela. sanders agrees in part of that. he thinks that the ideas that only he was pushing for last time like medicare for all are now part of the mainstream, so he is describing his self-described socialist perspective as man stream for the democrats now, shep. >> shepard: thanks, peter. the man accused of killing the mother of his child back in court today in colorado and facing new charges. we'll have a live update from denver. a man trapped in quick sand for more than ten hours and he survived to tell us all about it. we'll talk to him and his girlfriend that helped save his life next. first, he is the only person that could make black and white colorful. that from the super model claudia schiffer, one of the many people paying tribute to carl lagerfeld today. he died in paris. his death announced by channel. lagerfeld was the creator of the

french fashion house since 1983 and also the creative directer for the italian brand, fendy. he was known for his -- as much for his sharp comments as he was for his trademark white pony tails, dark glasses. he criticized celebrities and politicians. he once said sweat pants are a sign of defeat. but many who knew him said he had a softer side. he once gave an entire interview about the special bond he had with his cat who had maids and designer food dishes. he never stopped working. i was creating new collections until very recently. in his own words, i'm very much down to earth. just not this earth. he's assistant told the associated press is the mystery is part of the character of his age. but it's believes he was born in

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>> shepard: the colorado man accused of killing the mother of his child in court today and facing three new charges including tampering with a body. patrick frazee was charged with

first degree murder and solicitation to commit murder in the death of his missing key -- kelsey barras. she disappeared on thanksgiving day. video shows her shopping at a grocery storer with her daughter. her parents say they think frazee killed her daughter because of a custody battle over the child. he's not entered a plea. alicia acuna reporting live in our rocky mountain newsroom. >> barrett's blood was found in her town home. that according to agents on the stand today. cbi agent greg slater said the blood that tested positive as the 29-year-old mother's was found on the bathtub, the floor,

the wall and on an electrical plate near the sink. all of this coming up in a preliminary hearing for patrick frazee who was bought in with a bulletproof vest. testimony includes cell phone records showing on the last day barrett was seen alive, frazee made a call to her. in the days to follow, his, kelsey and another woman's cell phone started to ping and move through california. the other woman from idaho pleaded guilty to tampering with evidence. she said frazee asked her to poison kelsey's kcoffee. the charges point to a very violent crime. shep? >> shepard: alicia acuna live. a man that survived being stuck in quick sand for hours on end

says it was like -- quick sand. a few hours into a trek, jessica says she tripped and fell into quick sand. as her boyfriend was pulling her out, the mixture of sand and freezing cold water swallowed him up. let's turn to them. ryan osmon and jessica mcneill. good to have you with us. how are >> good. >> good. >> shepard: what did that feel like, ryan? >> it was one of the scariest moments of my life. >> shepard: ten hours. >> yeah. i was in the water for 11 hours straight up to my hip on my right leg. my left leg, i stood on the sand. it wasn't sinking like the right

leg. i had been there a few hours and then i got so exhausted i started to fall asleep. >> shepard: and jessica you came up with a pulley system? >> no. that was the rangers. i was trying to dig him out with my hands. it was freezing. i couldn't do it. so i had to hike back by myself and call 911. they called and rescued him. >> shepard: so you were there all alone during that time. >> yeah, i was. >> shepard: here's video of the rescue. i can't even imagine. had you ever felt quick sand or thought about the concept of it? jessica, you were in it first. try to describe the feeling, if you could. >> i was just walking through the water. we were on sand. it was fine. i took a step and my leg went into the ground. like it sucked it in.

then i panicked. i thought i was going to be stuck. my next foot got stuck. he pulled me out. next thing you know, his leg was complete completely immerged. >> shepard: ryan, what was going through your mind? were you still sinking or did your leg hold you up? >> no. i stopped sinking at my hip. i knew it took us five hours to get where we were. we were about five miles in. so i knew she had at least a good five hours of a hike back before she could get cell service at all. she needed my help getting to where we had gotten to. so you know, i wasn't sure that she would make it back just by herself with the amount of rock climbing that had to be done. there was no real trail, you know. it was just following the drainage up to the subway.

>> shepard: we're glad you're here to talk about it. glad you made it out. good luck. thank you both. >> yeah. thank you. >> shepard: avoid the quick sand, you know. news continues in just a moment. to look at me now, you don't see psoriasis. you see clear skin. you see me. but if you saw me before cosentyx... ♪ i was covered. it was awful. but i didn't give up. i kept fighting. i got clear skin with cosentyx. 3 years and counting. clear skin can last. see if cosentyx could make a difference for you. cosentyx is proven to help people with moderate to severe plaque psoriasis find clear skin that can last. don't use if you're allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur.

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give our veterans is eligibility for a va loan for up to 100% of your home's value. thank you, admiral. so if you need money for your family, call newday usa. go to newdayusa.com, or call 1-855-newdayusa. need cash? at newday usa, veteran homeowners can get 54,000 dollars or more to consolidate

high rate credit card debt and lower their payments by 600 dollars every month. go to newdayusa.com, or call 1-855-newdayusa. >> shepard: a woman from alabama who joined the islamic state in syria four years ago says she was brainwashed and now wants to come home to the united states. tray yingst reporting live. >> shep, this 24-year-old american woman that left the states to join isis spoke with media outlets at a refugee cam nancy pelosi -- camp this week. she's the only american out of 1,500 women and children near the camp. she traveled to syria in 2015 and first lived in the capitol in raqqa where she married an australian isis fighter, a decision she regrets.

>> when i came here, i realized i made a big mistake. and i know i ruined my future and my son's future. >> she says that she was brainwashed by the islamic state online back in 2015. during that year she was active on twitter using anti-american rhetoric and calling on others to kill americans. shep? >> shepard: tray yingst reporting live. one of baseball's biggest free agents is off the mark. according to multiple outlets, m manny machado has agreed to a ten-year deal with the padres and worth $300 million. if and when the deal is completed, it will be the second richest contract in the history of the game. the record holder right now nor the yankees, giancarlo stanton.

but bryce harper is looking for a home. the fact that they're taking so long is creating tension. >> it's all about money. >> shepard: yes, sir. >> 100 guys plus that haven't been signed. some big names, too. we always knew the guys like machado and bryce harper, they'll get signed. >> shepard: sure. >> these other guys, no. some players think it's major collusion on the part of the owners. >> shepard: how so? >> they think the owners have agreed to say listen, we're not going to sign these guys. we have some sort of a salary threshold. we're not going to pay them more than a certain amount. they did this in the 80s. the owners had to pay a settlement. >> shepard: the players union won that. >> yes. >> shepard: which was a lot of money then. now it's less than machado just signed for. >> and the talk is 350 for

harper if you wand him. >> shepard: there's still a few in the sweepstakes. >> the white sox, the phillies, the padres said they wanted them both. >> shepard: i'm guessing the padres drained the bucket. >> i would think so. >> shepard: it's not like the padres will be a champion this year. they're not, but if you look at the farm systems across the league, it's the best. i'm white sox. >> shepard: i'm yankees. >> you know, you have to root for the underdog. >> shepard: so when you take your kid out for baseball practice day after day after day, remember, manny machado just got $300 million. >> and get your kid playing early. >> shepard: great to see you, jeff. thank you. >> great to see you in person. >> shepard: the markets are back open today. we're up on the session at the moment. pretty flat. it was down to start and got up

about 100 and now we're sitting on even. that's not bad for a day after the holiday. breaking news changes everything on fox news channel. "your world" with neil cavuto is back up. c. payne sitting in. >> i have an absolute right to call a national security. we need strong borders. we have to stop drugs and crime and criminals and human trafficking. we have to stop all of those things that a strong wall will stop. >> president trump said he expected it. now 16 states are doing it. suing to block the president's emergency declaration for the border wall. today we're all over it. welcome. i'm charles payne in for neil cavuto, this is "your world." that lawsuit claims "the executive actions directing the diversion of federal funds and other resources for border wall construction are unlawful and unconstitutional." to john roberts on how the white house is responding.