making news in america this morning, president trump about to declare a national emergency to go around congress and build his border wall. new details on how much he wants to spend and where he plans to get the money. also breaking overnight, new questions in the jussie smollett attack investigation. hours after the actor detailed the assault on the street -- >> they called me a [ bleep ]. they called me [ bleep ]. >> police now admit they're investigating whether the attack happened at all. what we're learning about the persons of interest in this case. amazon shipping out abruptly canceling plans for a new headquarters in new york amid outrage over billions in tax incentives. the fallout and the new reports saying amazon won't pay a dime in federal taxes this year. the deadly storm slamming

california. thousands evacuated. entire hillsides washing away. the new images coming in. unclaimed cash. the billion dollar lottery jackpot waiting to be picked up. what happens if the winner never comes forward? and which fast food chain has the best french fries. the new rankings causing some controversy. good friday morning, everyone. we begin with president trump expected to declare a national emergency today so he can go around congress and get money for his border wall. >> yeah, overnight abc news learned the president plans to spend as much as $8 billion. democrats and many republicans are now speaking out against his decision, which they claim will set a dangerous precedent. >> abc's mona kosar abdi has the details from washington. mona, good morning. >> reporter: good morning, janai. good morning, gio. president trump who once called president obama's executive

action on immigration unconstitutional is now looking to take similar action to fulfill a campaign promise. after weeks of deliberations, a displeased president trump will likely sign a bipartisan bill on border security today to avert a government shutdown at midnight. >> i think he's got a pretty good deal here. >> reporter: but with only a fraction of the 5.7 billion trump demanded, the president is expected to declare a national emergency bypassing congress to build his long promised wall. >> the bottom line is on the wall. we're building the wall and we're using other methods. >> and i've indicated to him that i'm going to prepare -- i'm going to support the national emergency declaration. >> reporter: a senior white house official familiar with the president's plan tells abc news it includes 8 billion for the border wall, nearly 1.4 billion from the border security bill, 600 million from the treasury department, 2.5 billion from the pentagon and another 3.5 billion from the pentagon construction budget.

house speaker nancy pelosi declaring the move a lawless act. >> if the president can declare an emergency on something that he has created as an emergency, an illusion that he wants to convey, just think of what a president with different values can present to the american people. >> reporter: even members of the republican party warning about future ramifications. >> this approach does set a very bad precedent for future presidents. it's very serious and troubling to me. >> and house democrats are ready to challenge the president's declaration. lawsuits will likely be filed and they're also gearing up to pass a joint resolution of disapproval. really all of this is the beginning of a long drawn out legal battle that will likely delay the president's border wall construction for months, perhaps, janai and gio, even years. >> all right, mona. thank you so much. meanwhile, we have some new

video from the southern border. patrol agents found this 60-foot tunnel along the rio grande river used as a shortcut from mexico. they say it was dug by hand. and we turn now to that breaking news overnight about the alleged attack on actor jussie smollett. >> chicago police have questioned two persons of interest. officials say they're investigating whether those two people played any role in the attack or whether the attack happened at all. this morning, new questions about the alleged assault on "empire" star jussie smollett. the actor claims he was walking back to his chicago apartment two weeks ago when two men assaulted him yelling racial and homophobic slurs and putting a noose around his neck. >> as i was crossing the intersection, i heard "empire," and i don't answer to "empire." my name ain't "empire." and i didn't answer. i kept walking then i heard

[ bleep ], "empire" [ bleep ]. so i turned around and i said what did you just say to me? and i see the attacker, masked and he said, this maga country, [ bleep ] and punches me right in the face. >> reporter: smollett has insisted he's telling the truth. >> how can doubt that? like how do you not believe that? it's the truth. >> reporter: investigators have identified two people of interest seen on this surveillance video. their attorney says both men work with smollett. police say one appeared on the show "empire," and they're now investigating whether the two individuals committed the attack or whether the attack happened at all. abc's alex perez is in chicago where the men are being questioned. >> investigators were able to track them down using cameras, transportation records and information provided by jussie smollett himself. now, authorities say they've known about them for some time but were not able to talk to them until they returned from nigeria. >> reporter: smollett discussed the surveillance video with robin roberts.

>> do you believe that they could possibly be the attackers? >> i do. >> what is it about their size or why do you feel that they could possibly be? >> because i was there. i don't have any doubt in my mind that that's them. never did. >> reporter: the chicago police are stressing that any media speculation claiming the incident was a hoax remains unconfirmed. and the producers of "empire" are disputing reports that smollett's character is being written off the show calling those claims patently ridiculous and saying smollett remains a, quote, core player on the show. as for those two people of interest, police took away shoes and electronic devices from their homes but no charges have been filed. and facebook is reportedly facing a record fine from the government for privacy violations. according to "the washington post," the company is negotiating with the federal trade commission, and the fine could total several billion. the fine stems from facebook's recent user privacy lapses.

forecasters warn more flash flooding and mudslides are likely on the west coast after the season's most destructive storm yet. flooding is widespread. roads are impassable and people have been forced from their homes. outside san francisco, a mudslide tore a home from its foundation and sent it barreling downhill burying the homeowner under that debris. >> you spoke to the lady who was in that house. she was in there with you. >> yeah, she is just very flustered. i don't think she knows what is going on quite yet. >> reporter: crews dug for two hours finally pulling her to safety. she's expected to be okay. mudslides and surging floodwaters are also swamping southern california. rushing water tore up a road in the mountains east of los angeles leaving a massive hole and cutting off nearby communities. let's take a look now at your friday morning forecast. good morning. as if the rain on thursday wasn't enough, more showers and

heavier rain is coming to heavier rain coming to california. from higher elevations, feet of snowy will lead to an avalanche threat through the weekend into the sierra. coastal rain, snows into the cascades leading to some issues on the passes. snow across the central part of the country as well, 3 to 6 inches from rapid city to kansas city as you get into sunday, rain, heavy rain developing across the south and east which could lead to some flooding next week. i'm accuweather meteorologist adam del rosso. coming up, a big headline for nintendo fans concerning the original super mario bros. but first, new concerns about diet soda and its effects on women's health. and later, the mystery surrounding a bald eagle named

remember the way we used to do things? hey man... like connect with friends? dig it! or get in shape? or sell a house and pay a real estate agent a big commission. [crash] at redfin, we charge you a 1% listing fee. and because redfin.com is america's #1 brokerage site our agents get more eyes on your home so you sell for thousands more than the one next door. don't get stuck in the past. sell with a redfin agent. than the one next door. th for wounded warriorsgram and their families to build new lives together. when my dad left, i was, like, this big, but now i'm, like, this big. my dad got a master's degree in human resources.

thanks to warriors to work that my dad has a terrific job. when the warrior project helps them by, you know, giving them another start. now that my dad's home, i get a lot more hugs. i'm really proud of him. find out more about wounded warrior project at findwwp.org. welcome home the brave.

we're back with some helping hands in the snow near milwaukee. that bus driver saw a car stuck on some snowy railroad tracks so she and a passenger got out to push. soon others on the bus joined them. they eventually managed to get that car moving again. >> thank goodness. nine people have been arrested in a major hazing case at louisiana state university. members of delta kappa epsilon are charged with acts that sound more like torture. they include forcing pledges to lay on broken glass and kicking them with steel toed boots. this comes less than a year after they passed anti-hazing laws. >> you would think people would have heeded that warning that bad things can happen when folks are hazed but apparently at least by the allegations they're still ongoing and they're quite dangerous. >> the new laws went into effect after the hazing-related death of a freshman at

lsu who died after a drinking ritual and more on "gma." some of the results of president trump's physical exam last week have now been released by the white house. the president now weighs 243 pounds, that's four more than last year. he's now technically considered obese. his ldl or bad cholesterol is high, but his doctors said the president, quote, remains in very good health overall. a new study warns drinking two or more diet sodas each day could be especially harmful for women over 50. the study found regular consumption of diet sodas raised the risk of having a stroke by more than 20%. doctors say that risk could be due to other lifestyle factors as well and more research is needed. a record price has been paid for an original copy of the super mario bros. video game. it sold for just over $100,000 at auction. don't you wish you kept yours. it is still in its original packaging from 1985. >> holy cow. >> $100,000. >> big bucks. coming up, how a napkin helped solve a decades old

criminal case. but first the sudden decision by amazon pulling out of a deal to build its headquarters in new york amid local outrage. why the company won't pay any federal taxes this year. and how this man fought off a mountain lion with his bare hands and what his girlfriend said. >> incredible. ght? they're actually kind of extraordinary. see, oats contain a soluble fiber called beta-glucan. beta what? stay with me here. this is where it gets interesting. this fiber really doesn't like cholesterol. so it traps some of the bad cholesterol and shows it a thing or two. making quaker oats a delicious part of a heart-healthy diet. high five, fiber! you don't need to go anywhere dad, this is your home. the best home to be in is your own. home instead offers personalized in-home services for your loved ones. home instead senior care.

to us, it's personal. home instead senior care. turn up your swagger game with one a day gummies. one serving... ...once a day... ...with nutrients that support 6 vital functions... ...and one healthy you. that's the power of one a day. in our family we save every drop of rain, study every bite of frost. because caring for tiny things can make a mighty impact. ocean spray. act tiny, be mighty. farmer owned since 1930. let's talk about thisd when we meet next week. edward jones came to manage a trillion dollars in assets under care by focusing our mind on whatever's on yours.

only tylenol® rapid release gels have laser drilled holes. they release medicine fast, for fast pain relief. tylenol® we're back with a bear digging in the trash. that itself is not unusual but this one hitched a ride on a trash truck that went cruising down a north carolina highway. a deputy -- >> smart bear. >> yeah, and i mean impressive that it climbed up there. a deputy pulled the truck over and the bear ran into the woods. we turn now to the decision by amazon canceling its plan to build a new headquarters here in new york. >> yeah, the company is pulling out after weeks of local outrage over the billions of dollars in tax incentives, but with 25,000 jobs at stake residents and politicians are at odds over the

surprise decision. >> we're closed for business in queens, everybody. >> reporter: this morning anger in the neighborhood where amazon was supposed to build part of its east coast campus before the company canceled its plans because of local backlash. >> this is not shangri-la over here. we needed this over here. >> reporter: new york lobbied for amazon's new headquarters offering $3 billion in city and state subsidies in exchange for at least 25,000 jobs. the city promised to revamp the area, relocate a school lunch distribution center and give amazon ceo jeff bezos access to a helipad. >> new york city gave amazon a real opportunity here, and all we asked they be a good neighbor and part of the neighborhood and clearly they weren't ready to do that. it's very disappointing. there was no dialogue. there was no effort to work together. i don't understand it. i was flabbergasted. i said, you know, why on earth after all the effort that we all have put in would you simply walk away? it doesn't make sense. >> reporter: opponents

questioned why amazon deserved so much free money arguing those billions could be used for local schools and infrastructure. critics also worried about the company's commitment to union labor. >> amazon chose to walk away rather than fight for what it believed in because what they believe in is fighting the rights of working people, the rights of men and women to organize. >> reporter: in explaining its decision, amazon said despite polls showing 70% of new yorkers supporting the plan, the commitment to build a new headquarters requires positive collaborative relationships with state and local elected officials. amazon's business operations have also been criticized by lawmakers from president trump to senator bernie sanders and according to a new report from the institute on taxation and economic policy, for a second year in a row, the $800 billion company will pay no federal taxes because of credits and other incentives. in a tweet congresswoman alexandria ocasio-cortez called amazon's decision to abandon new

york a victory over corporate greed and worker exploitation. and amazon says it will now focus on its expansion plans in virginia and nashville. new details about the sexual misconduct claims against singer r. kelly. prosecutors in chicago have reportedly been given a video showing his alleged encounter with an underage girl and the tape was turned over by attorney michael avenatti who says he got it from an alleged victim. kelly denies any wrongdoing. another cold case has apparently been solved with the help of a genealogy website. this time in minnesota. jerry westrom has been arrested for the 1993 murder of jeanie ann childs, a minneapolis woman who was brutally stabbed. detectives say they began following westrom after they matched the dna he had given to a genealogy website with evidence from the crime scene. >> they happened to watch him go have a hot dog and they know as now you know that dna can be easily obtained from almost

anything. and saliva is one of the principal ways you obtain dna. >> they say they got that suspect's dna from a used napkin at a hockey game he attended. they say he had prostitution-related offenses on his record that are relevant to this case, but he denies the charges. a man who took on a mountain lion and won is telling his amazing story. travis kauffman was jogging along a mountain trail in colorado when he heard some rustling behind him and then he began a fight for his life. >> i turned around and just was pretty bummed out to see a mountain lion chasing after me. so i stopped and i threw my hands up in the air and i started shouting at which point it grabbed on to my hand and wrist. unfortunately i had a tough time swinging it with my arm still locked into the cat's jaws,

and at that point i stepped on it on its neck with my right foot. >> one of my co-workers, her first reaction when she found out it was travis was you got to lock that down. >> that story is remarkable. you can still see right there some of those scars. kauffman needed more than 20 stitches. but his spirit and determination are still intact. he's picked up a legion of fans who think he's a superhero namely that girlfriend. >> i bet. the new york knicks ended their 18-game losing streak in atlanta last night against the hawks. but these two hawks fans still had some fun. look at this. 94-year-old jimmy carter, former president jimmy carter grabbing a smooch from his wife rosalynn right there on the kiss cam. and it's apparently the third time he's done this. >> they're hits on the kiss cam. o. hey are hi up next right here in "the pulse," the billion dollar lottery jackpot that's gone unclaimed. also ahead a decision in the legal battle over carlton's dance moves from "the fresh prince of bel-air."

and which fast food chain has the best fries? the new rankings causing some controversy this morning. na test if you want to get the most details about your family history. my pie chart showed that i'm from all over europe, but then it got super specific. i learned my people came from a small region in poland and even a little bit of the history about why they might have migrated during that time. those migration patterns are more than just lines on a map, they're really your family's story. i can't wait to see what i'm going to discover next. 20 million members have connected to a deeper family story. order your kit at ancestry.com. dad! hiding when i was supposed to be quitting. i thought, i should try something that works. i should try nicorette. nicorette mini relieves sudden cravings fast. anytime. anywhere. nicorette mini. you know why. we know how. (thunderclap) if your day doesn't unfold as predicted. unfold this. new neutrogena® makeup remover single. and remove 99% of makeup.

100% rain or shine. neutrogena®. that's an aggressive yellow. pretty great, huh? if you're a banana. i find it very... appealing. kellogg's raisin bran with bananas. two scoops meet real banana slices. i've done a good job of raisin ya. two scoops meet real banana slices. new lysol wipes are crazy strong. don't believe us? we got this workout class to compare them to clorox. wow! feel the strength of new lysol wipes. dude! are you looking at this? can i take those? no. lysol. what it takes to protect.® smile dad. i take medication for high blood pressure and cholesterol. but they might not be enough to protect my heart. 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. ♪ it is time to check "the pulse" and time is running out for the winner of a $1.5 billion lottery jackpot. >> the winner of a record mega millions jackpot back in october still has not claimed that prize. officials in south carolina were counting on a $60 million windfall from the income taxes on that jackpot. >> don't count your eggs before they hatch. the winner has until april 19th to claim it, otherwise, the owner of the convenience store where the ticket was sold misses out on a $50,000 bonus. next to washington now where a local magazine headline said

it all. a love triangle has broken up d.c.'s favorite bald eagle power couple. >> after a 14-year relationship, an eagle named justice has fled the nest leaving his baby momma named liberty behind to nest her egg with another man. >> and the new guy's name is aaron burrd. experts say the two guys may have had a fight and justice may be recovering somewhere. there is a live camera on their nest above d.c.'s police academy. so stay tuned. >> drama in the capital on fronts we never knew. so fast food chains, which have the best french fries? the new rankings out. >> according to the food critic at the "los angeles times," five guys are the best followed by mcdonald's, del taco, then steak 'n shake and arby's. >> at the bottom of the list, sonic and in-n-out.

carlton from "the fresh prince of bel-air" has lost his copyright fight. >> he tried to register his famous dance for the show but the copyright office ruled the carlton dance a simple routine and cannot be copied. . xeljanz xr is a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well enough it can reduce pain, swelling and further joint damage, even without methotrexate. xeljanz xr can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections, and cancers, including lymphoma, have happened. as have tears in the stomach or intestines, serious allergic reactions, low blood cell counts, higher liver tests and cholesterol levels. don't start xeljanz xr if you have an infection. your doctor should perform blood tests before and while taking xeljanz xr, and monitor certain liver tests. tell your doctor if you've been somewhere fungal infections are common and if you have had tb, hepatitis b or c, or are prone to infections. don't let another morning go by without talking to your rheumatologist about xeljanz xr.

don't let another morning go by without talking to brushing only reaches 25% of your mouth. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100. bring out the bold™ ( ♪ ) do you believe in romance? romance, the fragrance by ralph lauren. do you believe in romance? yeah right. iand the earth is flat. ahhh!! treat your cough seriously with robitussin cf max. nothing lasts longer and treats more symptoms for your cough, cold and flu. robitussin. because it's never just a cough.

it is friday, february 15th. doesn't it feel good to say friday? >> this has been a long week. >> yeah. it wasn't raining when i came in. i had hope. then i see doppler 7 and all hope is gone. >> it's raining. your hope will come and go throughout the day. hi everybody. a little bit of rain on sausalito right now. we're keeping an eye on that after what happened yesterday. some areas are clearing out while other areas are getting showers. that's going to be the case today. on and off showers and significantly colder when you step outside. we're in the 40s just about everywhere with highs today only in the low to mid-50s. it's going to be breezy and wet from time to time. so it will feel cooler than that. how about the commute?

>> hey, mike. we're due for a nice smooth friday light commute. hope we get that. we don't have sheets of rain coming downside ways today. it is fairly dry. we have a high-wind advisory in effect for the bay bridge and every other bridge in the area. i drove across this, this morning, it was nothing like yesterday's commute. it won't be white knuckle drive into the city. drive times looking good. web 580, tracy to dublin, 25 minute in the green. 680 in the green at 16 dublin to mission. 85 between 101 and cupertino, 16 minutes. we'll talk more about flooding next. this morning, san jose's police chief expected to update us on the deadly chain of events. >> a ups driver was hijacked by a man and woman and taken hostage. it ended with one of the alleged hostage takers being shot dead

by police. friends are identifying that suspect as this man, mark march os ki. it started when deputies tried to pull over a car at 5:00 p.m. on pearl and chenoweth. a man and woman did not stop and led deputies on a chase. they ditched their car and at some point carjacked a u.p.s. truck, took the driver hostage starting a second chase that ended at first and west a short time after the female suspect walked out of the truck. the u.p.s. driver being held hostage was released. just before 7:00 p.m., the male suspect attempted to run from the u.p.s. truck. that is when he was shot dead by an officer. >> got to realize this person was armed with a gun, some sort of sot gun, long gun. he shot multiple times at our

deputies, showed a propensity for violence. we can confirm that's one of our pursuit cars. >> this morning, it remains unclear who fired the single shot that killed marosky. you can download our app to get news about where you live. also developing this morning, crews are expected to begin clearing sausalito boulevard today after this incredible mudslide yesterday. you can see the dramatic before and after. the mudslide knocked a home down a hillside. we're hearing from the family of a woman you saw who survived it. she was sleeping when that happened. we're going to hear from her son coming up at 5:00 a.m. >> it's jaw dropping. >> are they going to have trouble, mike, with the rain throughout the day? >> yeah. they'll have rain throughout the day. it won't be heavy as it has been. but it could pulse.