making news in america this morning -- national emergency backlash. president trump preparing for a fierce battle as lawsuits stack up against his controversial plan to build the wall. will he veto congressional disapproval? and stunning claims. former acting fbi director andrew mccabe revealing that rod rosenstein once raised the possibility of invoking the 25th amendment to oust the president. staged attack? chicago police urgently looking to talk to "empire "actor jussie smollett after the two men seen in this vur valance video say smollett staged that aack. facebook slammed.

uk lawmakers accusing the social site of acting like digital gangsters. overriding user settings. using data to put others out of business. the company's response this morning. plus, the big one. the massive pileup that snarled the final laps of the daytona 500. steven spielberg takes on streaming. why the legendary director says sites like netflix shouldn't win oscars. and why some people want to sell montana to our neighbors to the north. good monday morning. thanks for joining us. i'm janai norman. >> and i'm devin dwyer. happy presidents' day to you. we start with the confrontation between president trump and the former acting director of the fbi andrew mccabe. it comes after an interview mccabe gave "60 minutes" after he said there were discussions about trying to remove the president from office after he had fired former fbi director

james comey. >> and the president is firing back, criticizing mccabe. abc's mona kosar abdi is in washington with the details. mona, good morning. >> reporter: good morning, janai and devin. andrew mccabe said the discussions centered around whether president trump was fit to serve or should be removed from office. this morning, calls for a congressional investigation after former acting fbi director andrew mccabe admitted publicly there were high-level discussions to remove president trump from office. >> the discussion of the 25th amendment was simply 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. >> reporter: in a "60 minutes" interview mccabe says rod rosenstein raised the issue in may of 2017 after the firing of then fbi director james comey. >> the deputy attorney general was definitely very concerned

about the president, about his capacity, and about his intent. >> reporter: rosenstein denies the discussions took place. but senate judiciary committee chairman lindsey graham says his panel will investigate to determine who is telling the truth. >> the deputy attorney general was basically trying to do an administrative coup. >> reporter: mccabe was fired by president trump last march for leaking information to the press. he claims he was let go after 21 years with the fbi because he opened investigations into the president. even hinting at a possible inappropriate relationship between trump and russia. president trump firing back on twitter saying mccabe, quote, is a disgrace to the fbi and our country. now mccabe has since downplayed his words. a spokesperson saying he never had extended discussions but rather participated in a conversation that included a comment from rosenstein about the 25th amendment. janai? devin?

>> we'll see if the president has more to say about that today. thank you. the president's emergency declaration for the southern border is now the target of a growing number of lawsuits. at least three are already filed or being prepared. meanwhile, a senior white house adviser says the president is prepared to veto any congressional resolution disapproving of his declaration. >> this is going to be a slow process. it's going to go to the courts. better to start that process so we can get there than to not start it at all. >> i think there are enough people in the senate that are concerned that what he's doing d.o.d. to go build this ary and wall. >> house democrats say they'll introduce a disapproval resolution targeting the declaration when congress returns next week. likely passage in the house means that the senate would be forced to vote on it as well. the mystery surrounding the alleged bias attack on actor

jussie smollett continues to grow this morning. it's increasing amid claims that the "empire" actor staged the entire thing. the news has smollett upset. as chicago police are looking to interview him again. this morning, a stunning claim raising new questions about that alleged homophobic and racist attack on actor jussie smollett. >> what is it that has you so angry? is it the attackers? >> it's the attackers, but it's also the attacks. >> reporter: police tell abc news the two brothers seen in this surveillance video say the "empire" star paid them to carry out a fabricated assault. >> who the [ bleep ] would make something like this up? or add something to it? orr whatever it may be? >> reporter: according to sources the two brothers agreed to cooperate after being quon fronted with evidence that they bought the rope found around smollett's neck. and were threatened with battery and hate crime charges.

police say the two men are no longer considered potential suspects and confirm they have a relationship with smollett. one of them is the actor's personal trainer. >> did jussie smollett set this up? >> you know, there's still a lot of moving parts to this. so -- i'm here for my clients. and i had a job to do specifically for them. i'm not part of jussie's defense. >> reporter: investigators are now looking through phone records to see if those two brothers spoke to smollett on the night of the alleged incident. chicago police say they urgently want to talk to smollett and are waiting to hear from his attorneys. but smollett is standing by his story. his attorney releasing a statement as a victim of hate crime who has cooperated with the police investigation, he is angered and devastated by the suggestion that he was involved in the alleged attack. nothing is further from the truth. anyone claiming otherwise is lying. fand arrested, smollett

could face charges of filing a false police report, which is a felony in illinois, that can carry a punishment of three years in prison. to just outside chicago now. police say the man behind last week's shooting in aurora, illinois, should not have been able to buy a gun. a background check five years ago did not flag a prior felony conviction. he had in mississippi. a preemployment check missed the crime, as well. meantime, last night, many people stood in the freezing rain to pay tribute to five people killed in the shooting. 4 of the 5 officers who were wounded there are out of the hospital now. meanwhile, former congressman anthony weiner is out of federal prison but still under supervision as he finishes his sentence. the 54-year-old democrat was convicted of having illicit online contact with a 15-year-old girl. he'll have to register as a sex offender and be under supervision for at least three more years. time now for a look at your weather this monday morning.

♪ >> good morning. we have a messy weather pattern for this week. we start with a winter storm throughout the northeast. with a mix throughout the southern new england states. a low pressure system swings out of the way. we're looking for estimates of 3 to 6 at the very least. sioux falls, chicago, and the north central part of the country, the great lake, throughout portions of the northeast. and the northern portions of the ohio valley region. that plays out tuesday, wednesday, and thursday as well. for the deep south, a wet pattern causes big-time problems along the mississippi river. i'm accuweather meteorologist paul williams. coming up, one government scathing report on facebook just out. also ahead, steven spielberg versus netflix. why the director is continuing his fight against streaming services. and later, a prison nurse under arrest. accused of killing her husband so she could marry an inmate.

we're back with what look like a demolition derby in colorado springs. it's actually the end of a police chase. one cruiser you saw there knocks the attempted murder and robbery suspect off the road. another hits it head on. the driver and some of the police officers suffered minor injuries. at least three administrators at louisiana state university are now on lee after the second violent hazing case in 18 months. the independence department led to the arrests of nine members of delta kappa epsilon. reports say the officials ignored reports of pledging being forced to lie done on broken glass and be kicked with steel-toed boots.

the school needs to send a wrong message. >> i think they're doing the right thing. >> it's unfortunate. greek life is important to a lot of students here. but at the same time, when you keep having -- when you have repeated independence departments, it's important to send a message to all of greek life and everybody on campus. >> in 2016, freshman max max max ver died due to hazing activities. a scathing report by british law maiks that labelses facebook as dim tall issues. facebook blew past user's privacy setting in order to get data to app developers. lawmakers are calling for facebook to be regulated. in response, the company said it had not breached data protection laws and it would be open to quote meaningful regulation. oscar-winning director steven spielberg is making

another push for directors to make movies for theaters instead of streaming services. he said there's great writing on television. but nothing beets the theater experience. last yore, spielberg was vocal against netflix receiving oscar nods saying tv shows deserve emmys. you may soon be able to drink a vintage beer. if that is manager you have been waiting for. students at a college in upstate new york have just uncorked a bottle recovered from an 1886 ship wreck. they're now trying to extract yeast from the batch to make beer. an australian brewer last year produced beer from an even older shipwreck. >> don't count me in for tasting that. coming up, the major change being tested for professional baseball to help speed up the game. how many pushups can you do? why the answer may be linked to your risk of heart disease. and that wild crash in the date to that 500 and the pit crew there making history. i was just finishing a ride.

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a big horses like clydesdales shouldn't go on a frozen lake. these horses did just that. fires cut a trench to walk the animals out of the lake. they're in good shape. what the owner says they do best is eating. a central missouri prison nurse is facing murder and arson and other charges in the death of her husband. >> officials say the accused murderer was in love with a convicted murderer. maggie rulli has the story. >> reporter: investigators are looking at whether an alleged prison romance was a mote i for murder. this woman is accused of killing her husband while having an affair at work with an inmate. a 911 call first reporting a fire at this home in missouri, at 2:00 a.m. back in december. amy murray, a mursers first told authorities she drove to

mcdonald's with her 11-year-old son and when she returned, the house was full of smoke and the her husband was dead inside. >> it looked suspicious. the sheriff's detectives came in with the fire marshal's office. >> reporter: it wasn't the fire at the killed joshua but a chemical used in anti-freeze. joshua was deceased before the fire. the fire was intentionally set in master bet road. they then discovered her phone calls with this man. on the recorded phone calls, she admits to not wanting to be around her husband, saying she wanted a divorce. now, it's amy facing life in prison, dharnlged with first-degree murder. investigators say amy also today the inmate that they could now have a life because her husband was deceased. she's been released on bond. she's expected back in court

next month. >> thanks to maggie for that. a health tip out there for men. your heart's health may be linked to the number of pushups you can do. a new study says guys that can do nor than 40 consecutive pushups are 90% less lukely to develop heart problems than men that can only do ten. rapper 50 crept is accusing a new york city police xhapder of being a dirty cop. the man allegedly told officers to shoot the rapper on sight at an event in 2017. 50 cent says he's considering legal action. it's just a few more days until the start of spring training games. and a pitch clock in baseball. pitchers now will have just 20 seconds to deliver their next pitch. the league has been trying to speed up games. no decision yet in the pitch

clock will come to the regular season or if they'll just use it in the preseason. commissioner rob manfred wants the player's asoez yags to agree to it fir. at the nba all-star games, the teams didn't care a whole lot about defense. but lebron james cared about winning. his team came back from a 20-point deficit in the second half to win 178-164. kevin durant was named mvp for the second time in his career. stiking with sports. a big crash and some pit crew members making history highlighted the daytona 500. first the crash. more than 20 cars were involved in a chain reaction smashup with about ten laps remaining. denny hamlin eventually took the checkered flag. meanwhile, breanna daniels and breanna leery were the first women to work in the pit crews. >> hat's off to them.

great to see them out this. next up, a petition gaining traction to sell a u.s. state to canada. also ahead, inmates used their criminal skills to help rescue a baby. and a professor finds a rare apple product in his parents' attic. month after month, the clock is ticking on irreversible joint damage. ongoing pain and stiffness are signs of joint erosion. humira can help stop the clock. prescribed for 15 years, humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. vo: humira can lower your ability to fight infections. serious and sometimes fatal infections including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b,

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listen to the investigation. the new podcast from abc news. every step of the way and behind the scenes in the final stretch and fallout of the investigation. listen free on apple podcasts. ♪ time to check "the pulse" this monday morning. starting with an idea to pay down some of the nation's $22 trillion debt. it might not be too popular in

big sky country. >> check this out. there's an online petition calling for the u.s. to sell montana to our neighbors to the north. the person who started the petition wrote, we have too much debt and montana is useless. ouch. just tell them, meaning canada, it has something. beavers other animals, moose. >> a montana columnist said do we build a wall against north dakota? >> how do you come up with a value for a state? let show montana some love. >> that's a hot of money. next, a blast from the dimg tall past featuring a decades old apple computer. a man reports he found his old apple iie in his parents' attic. he put in an old dusk. the computer asked him if he wanted to restore a saved game from the '80s. he found a letter from his late father on a floppy disk. >> his model was released by

name 1983. it was discontinued ten years later. holy cow, that's an old computer. >> it's a set piece for your living room. >> i guess so. how much would that be worth on ebay? >> i had one of those back in the day. a little bit older model. not '83. some florida inmates called upon to use their skill set to help a family. >> a baby was locked inside a family's suv along with a father's key. a work release crew came to the rescue, quickly opening the door with a coat hanger. it only took them a few minutes. the mother says the baby is fine and was smithroughout. >> we're not sure about the father. the sheriff says breaking into a car is fine if it's done under the supervision of deputies. finally, attention "golden girls" fans out there. a trip of a lifetime. >> a five-night cruise inspired by the classic sitcom. it leaves from miami where

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megared. >> announcer: good morning bay area. hi, good morning. another workweek. it is monday, february 18th. >> for some of you. for a lot of people, they have the day off. presidents' day. >> oh, yeah. >> we don't know that. not part of our life. however, the sun has made a return. >> yes. it will make a return in a couple of hours. i think a lot of us will be happy. especially those of us who had to scrape the thickest ice i've scraped since living here. the frost is real this morning. live doppler 7 is dry. put the umbrellas away, but know it's going to take a while. danville at 28. we've got temperatures in the mid to upper 30s in many areas. oakland, san francisco, half moon bay and frent brebt woobren

the 40s. drier weather but still going to be chilly in the afternoon. mid to upper 50s. we'll look at the day planner coming up next. hey alexis. good morning. i had ice on my vehicle too. definitely had a few extra minutes. had to blast the heater on high to clear it off. we're looking at a quiet commute here today. however, we do have an issue in san francisco. southbound 101 before cesar chavez. this one is a mystery. we have the two right lanes blocked. a lot of drivers calling in to chp saying there was a motorcycle down in the roadway. we don't know where the rider is. we're hoping that person is okay. s clision ransported by a wh iormaon tollridge wi the holiday today, we're going to sayt.i'an en s, alexis.

a man was shot and killed by a napa county sheriff's deputy. an investigation is now under way. >> officials say it started with a traffic stop on henry road in napa around 11:00less night. abc news reporter, amy hollyfield is live with the latest. >> reporter: good morning, jessica. there's a chp officer here blocking, helping patrol and protect their crime scene investigators. they blocked henry road here here in napa county. officials say what happened was a deputy was patrol the street before 11:00. the deputy contacted a vehicle, the sheriff's spokesman. he did not use language saying pull over. he did not say why. just contacted the vehicle. the deputy then says that shots were fired. the man in the car was killed and the deputy says that man did have a gun. they have not identified the

deputy. they say no one else was involved. no one else was in the car. there are no witnesses in this very remote, rural area. the sheriff's department says no one will be commenting this morning. but that is the latest information that they have released to us. we'll be staying on the story to see what other information we can gather. reporting live from napa county, amy hollyfield, abc 7 news. amy, thank you. sausalito is plan to go hold a meeting to declare a local emergency today this. comes after a mudslide caused all this damage on thursday. one woman had to be rescued from the debris and four nearby homes red tagged. the emergency declaration will allow them to receive funds for the cleanup. a local state of emergency. abc 7 news was in san anselmo where crews spent sunday clearing damage from a landslide there. this was at