you mentioned jay johnson's concerns. it's not going to be a treat in the next congress with republicans in control of the senate. and third, jim and you know a lot more about this than me. this is not an easy job. there not simple solutions here. to ow america is defined in the world and what shouldn't be. there is active debate in the obama administration. there is a lot of reasons to understand why this is not a job that people are falling all over to get. >> let's talk about the challenges. you have a challenge in the army and they now have to be built up and clearly not up to the task. afghanistan, the taliban was taking territory rather than seating territory. what's happening in africa, there military challenges around the world to say nothing of what's happening in asia with china over the south china sea. >> the list that the next secretary. that's the budgetary challenges. multiple headaches that you don't want to deal with. you have the challenge of the stress that that is placing on the pentagon at this time.

had moved over to the pentagon jay johnson's successor would have to be named. and that would have created more problems for this white house. jay johnson, if he were to be in a defense secretary confirmation hearing, would probably be asked about the president's immigration plan which is deeply unpopular with a lot of republicans and the new homeland security secretary if jay johnson were replaced would have to answer questions about the president's immigration plan. so in many ways ash carter became the last man standing because this was becoming a complicated process in terms of picking somebody. a lot of other people thought to be front-runners for this job dropped out of the running. people like michelle flournoy, people like senator jack reed were very high on the list and took themselves out of the running. carol? >> said "no thank you." jim akcosta, barbara starr, thanks to both of you. >>> apparently, it's hard to say the word "sorry." the st. louis rams and the st. louis police department are in a war of words over whether or not the team apologized fo

to be the architect of the president's executive action on immigration, homeland security chief jay johnson, on the hot seat. in the first big public clash between the white house and republicans over the president's plan to shield millions of illegal immigrants from deportation. earlier the chair of the house homeland security committee asking this question. watch. >> the president said over 20 times that he did not have the legal authority to do this, to take this executive action and that this is not how democracy works. do you agree with that prior statement? >> chairman, i know from 30 years as a lawyer that when someone para phrases remarks from somebody, i want to see the fum -- full q & a to know exactly what they said. >> as the republicans vow to stop the president, they're noting to use any funding to pass the bill. scenario g.o.p. leaders like senator mccain say they want to avoid it. >> we need to rifle shot the programs to keep from a government shutdown. as far as the other aspect of it, you know, we shouldn't shut down the government but at the same time, there are certain t

the question isn't about jay johnson, it's about the president. was he misspeaking? ell, again, i don't know, and i wasn't there to understand what the discourse was before that. just as secretary johnson said. but i will tell you this, secretary johnson is a great lawyer, and he does not cross the law. you know, we've pushed him and pushed him and where he cannot go against the law, he certainly did not. all of this that the president's doing, chief architect of it is secretary johnson. and i have a lot of faith in his abilities to stay within the law. >> okay. all right. congresswoman sanchez, thank you for your time today in washington. appreciate it. >> thank you. >> could history repeat itself in new york this week. the grand jury is deciding the fate of the police officer accused of killing this man. now new york is waiting and watching, hoping the violence the nation saw in ferguson doesn't hit this city. and, can lebanon be trusted in the war against isis? may have captured a valuable target in that fight. how well will they work with the united states to beat

jay johnson said earlier today here on msnbc that a lot of it is classified.ement information. so some of this has been delayed, the release of this report as they figure out what exactly they want to release to the public. just a short time ago, josh ernest was asked whether the president has seen the report. he said he had not. although, he repeated what we heard many times from him, that the president and the first family, have complete confidence in the secret service. nevertheless, there was a lot of concern here at the white house when this breach happened. and we expect to get more details today about that and some reaction potentially from the president who it was announced today will hold his annual end of year news conference tomorrow afternoon. joy? >> and chris, very quickly to follow up. you said the white house is continuing to express complete confidence in the secret service. are you hearing any rumblings there at the white house there may be further shake-ups at the agency as a result of the report? >> well, as you know, there's an acting dire

. >>> on the hot seat to defend his boss was homeland security secretary jay johnson. >> the presidentover 20 times, that he did not have the legal authority to do this, to take this executive action, and this is not how democracy works. do you agree with that prior statement? >> i have looked at various exexcerpts of remarks of the president concerning his legal authority to act and i do not believe what he have done is inconsistent with that? >> is this amnesty? >> no, not in my judgment. >> all right, we got the cue cards out. >> the move would only be symbolic live the president would veto the measure. hoping to avoid a government shut down. >> i understand the pent up anger and the rage over the president's constitutional action, and the cure for that is to go to see a psychiatrist, not to vote in the congress and shut down the congress. republicans shouldn't blow it. >> the people that like the shut down the most are liberal democrats, they can point to their fund raising spikes right after the shutdown of the last time, they thought it gave them real momentum, and they talk abou

i know you have listened to some of jay johnson's testimony. is he trying to defend the indefensible. >> he's not doing that too well. the members of the committee are raising right questions. the one we heard now and another question was asked to secretary johnson is whether by legalizing the individuals if they pay taxes, does that mean they are entitled to social security and medicare? and his answer well, they are young and they are not going to get them. nevertheless, if the answer to that is yes, federal money is committed in the future and that sounds to me like an appropriation which raises the constitutional question that the members of the committee are asking him right now. and a practical level, are you telling us that you are actually going to go through 4 million individuals on a case by case basis and make a judgment on whether they can stay or not? the numbers are really like a million people. that doesn't give an adequate answer. million answer and bureaucrats trying to decide on a case by case basis whether anyone qualifies or

lawmakers are grilling homeland security secretary jay johnson on the impact the new policy will have on border security and his department's readiness to deal with any unseen consequences. >> reporter: facing tough questions from lawmakers, homeland security secretary jay johnson defending president obama's executive action last month in which he shielded millions of illegal immigrants from deportation. a move the president made without the consent of congress. >> the reality is that for decades, presidents have used executive authority to enhance immigration policy. president obama views these actions as a first step toward the reform of the system. >> reporter: but republicans argue that those reforms should have come from congress and say the president is violating the constitution through executive overreach. a position, they say, the president once agreed with himself. >> who should we agree with the president before who said he didn't have the authority to do this? or the president after the election who said he does have the authority? >> reporter: democrats on the commit eet

this is the first time we hear from jay johnson, what do we expect to hear from him? >> that's right, del, and this is the first time the obama administration is going head-to-head against republicans who you can expect to ask some fierce and tough questions to jeh johnson. but he is actually one of the creators of the president's plan. he went to the president with some of these suggestions, and you can expect to hear him talk about this morning how he vetted them, how he has been working with his own departments within homeland security, that deal with customs, immigration, border security, all of those issues to come up with these items, the action items that the president has followed through on. he will defend it. talk about the prior advertise of homeland security, and how they want to be able to go after the so-called worst offenders. people who they want to make sure are deported rather than going after people like the so-called dreamers, the young people who were brought here by their parents as children. so he'll try to offer a robust defense of whatever rep

it was jay johnson homeland security secretary's turn to address some of that anger on the house sidein the capitol today. basically the republicans had is this: what gives president obama the constitutional right to move forward unilaterally without congress and use executive actions to make legal some 4 million--potentially up to 4 million individuals who have a child in this country who is a legal resident or citizen. they looked at it every which way. they determined that the president is in solid ground. >> thank you. >>> lawyers for a texas death row inmate are making last-minute appeals to stop his execution, which is scheduled for tomorrow night. scott penettie's attorneys say that he suffers from mental illness, and putting him to death would cross moral lines. heidi what other arguments are his attorneys making in their appeal to the u.s. supreme court? >> reporter: they're asking the justices to consider whether the eighth amendment would protect panetti. that's an amendment against cruel and unusual punishment. they say severely mentally ill patient should not be subject t

>> reporter: well, basically the republicans have one question for jay johnson today on capitol hill,ali, and that's this: what gives president obama the right to go around congress and sign these executive actions that essentially make up to 4 million people who are in this country illegally able to stay for at least three years so long as they have a child who is an u.s. citizen or a legal resident? the answer was straightforward. he said time and time again to secretary johnson, the office of legal council looked at this every which way, the lawyers lawyered up, and said that the president is within his rights to do this. it's been done by other presidents before, and of course that only added to the ire of republicans. the question, ali, really is what can republicans do about it? and the answer seems to be a recognition that really nothing in the short term. >> mike, this sort of speaks to what i was just talking about before you came on, the supreme court case about ups hearing. the republicans are arguing two points. one, whether or not they like what the president is doing, an

homeland security secretary jay johnson faced the angry committee panel defending the plan. hike has more. >> republicans are unified in one respect. they all agree they want to roll back president obama's executive actions on immigration. they are having a hard time with the strategy. there's little they can do at least in the short term to stop president obama from going it alone. >> it's a serious threat to our system of government. frankly, we have limited options and limited abilities to deem with it directly. >> house speaker john boehner plans a house vote to block mr. obama later this week. it will die in the senate. the little will be more than a chance for conservatives to vent their anger. >> they did nothing on immigration. >> there is plenty of anger, tuesdays target, homeland security secretary jay johnson, time after time at a capitol hill hearing what gives president obama the constitutional rights to act on that immigration without congress. >> i'm fully comfortable that we have the legal although shorts two push forward these reforms in particular, specific

jay johnson time after time at a capitol hill hearing republicans ask what gives president obama the constitutional right to act on immigration without congress? >> i'm fully comfortable that we have the legal authority to push forward these reforms in particular. specifically with regard to deferred action that is an authority that presidents have used for decades. >> don't just start yelling, young ladies. >> but it was the president's recent comment and response to pro reform hecklers that drew the sharpest rebuke. >> but, what you're not paying attention to is the fact that i just took an action to change the law. >> to republicans was a telling comment. >> so you say he didn't change the law, but the president said he changed the law. >> he acted within existing law. he acted within our existing legal authority. >> tuesday the white house tried to explain. >> i think he was speaking colloquially. >> republicans are talking about cutting funding in the spring. by that time they'll control the house and senate, and they can decide on an union need strategy. >> still ahead in this

gop grilling right now on capitol hill, as homeland security secretary jay johnson defends presidentma's executive action on immigration. johnson says the policy will shield up to 5 million undocumented immigration from deportation, common sense. homeland security committee chair michael mccall saying it threatens democracy. we'll continue to monitor the hearing. >>> back to ferguson. many police officers across the country say they're unfairly maligned for doing a difficult job. this morning they have a brand new champion, charles barkley. in an interview he pulls no punches, calls the looters in ferguson "scumbags" and if it were not for police, some black neighborhoods would be the wild, wild west. >> i'm not saying right or wrong. i'm hearing the true story that came out of the grand jury investigation. i know i'm black but you have to be really careful with the cop, man. if it wasn't for the cops we'd be living in the wild, wild west in our neighborhoods. i think we can't pick out certain incidents that don't go our way and act like the cops are all bad. i hate when we do that,

earlier this morning they questioned jay johnson. he defended the president's move that could protect five million from deportation. >> the reality is that given our limited resources, these people are not and have not been for years priorities for removal. it's time we acknowledge that and encourage them to be held accountable. this is simple common sense. >> johnson testified that his department can't run without a short-term spending bill. this hour's hearing just getting under way. i'm going to hear from my colleague following this about both of the hearings in a moment. another big update out of washington. we are hearing an announcement of the president's nominee that could come any days. the leading candidate we are hearing is former deputy defense secretary ashton carter. there have been a few names he is rising to the top. we know that carter was the weapons and tech-buying chief for two years and had an extensive background. degrees in physics and medieval history from yale and a doctorate in physics from oxford. detroit ha

here is homeland security secretary, jay johnson, on msnbc today. >> we do regard the attack on sony as very serious and it involves an attack not only on that company and its personnel, but also on freedoms that we enjoy in this country. the u.s. government is actively considering a range of options that we'll take in response to this attack. >> the hacking game as retaliation for sony's movie "the interview," with a plot to kill north korean leader, kim jong-un. >> the cia would love it if you two could take him out. >> hmm? >> take him out. >> take him out? >> like, for drinks? >> no, no, no, take him out. >> like takeout, dinner. >> take him out, on the town? >> no, take him out. >> you want us to assassinate the leader of north korea? >> yes. >> that movie is now pulled from theaters. after the hacking group threatened 9/11-style attacks on theaters running it. tonight, the intelligence officials say the u.s. strongly suspects north korea was behind the hacking and many americans are wondering, could it happen to them? and just how serious is this cyberthreat? joining me now is

. >>> jay johnson ordered the review after a man jumped the fence and made it inside the first family's home. >>> president obama's plan to restore relations with cuba may s set up the big foreign policy battle. the president could take executive actions to lift restrictions against cuba as early as next month. white house officials telling any action the president takes on his own would be the scope of the embargo. but republicans on capitol hill are reportedly already brainstorming ways to thwart the changes. according to politico they could include blocking funds to reopen the havana embassy, voting down a bill that ease travel restrictions, or simply ignoring white house request to lift the embargo. rand paul come out in support of the president's plan to allow more trade with cuba. breaking with his party and potential 2016 primary opponents including jeb bush, marco rubio, and scott walker. >> a 50 year with cuba hasn't worked. if the goal was regime change, it doesn't cement to be working. if there's open trade, i think the people will see what it's like to all the things we prod

jay johnson told the house committee that he acted within his authority. and the republicans say that the order was unconstitutional. >> as a lawyer myself and someone that has been a lawyer for a government agency, i am comfortable with what is in here. i know i'm going to be the one here to defend it. >> the house will move to undue the executive order, mostly a symbolic move because mr. obama will most certainly veto it. >>> president obama decided to nominate former assistant defense secretary, ashton carter. he graduated from abington high school and top republicans said they would support carter's appointment. and if confirmed he will replace chuck hagel. >>> world news tonight with david muir will have more on today's emotional testimony on capitol hill both on immigration and domestic abuse in professional sports. >>> a philadelphia house guest accused of murdering a popular jewish canter, will be on trial. william james is held for trial in his preliminary hearing today. is he accused of killing ronald fishman at his home in mt. airy. he was stayi

sanchez and then a house hearing on the president's immigration plan with homeland ecurity secretary jay johnson. >> ann compton on her over 40 years covering the white house and the administrations of gerald ford through barack obama. >> we sat and watched him listen to a group of second graders go through their drill and andy card came and interrupted the president. whipsrd to him. i was stunned. nobody interrupts the president even in front of second graders. the president stood and said that he had to go and he went into a side room. and then we heard, we discovered that it was two planes down -- two plane crashes in new york. ari fleischer came out to the pool. we were now out in the parking lot and said stay right here the president will come talk to the pool. i said no there are live cameras in the cafeteria. the president has to speak there. he didn't want to scare the children. he said it's an apparent terrorist attack and i must return to washington. we raced to the plane. we were pushed aboard quickly the door was slammed and then the pentagon was hit. >> tonight at 8:00 eastern and p

his homeland security secretary jay johnson said they previewed the film while it came out. they won't say publicly north korea is behind it, but you heard that's the belief of their government. immigration, the secret service, the report out recommending fencing and agents and training and a new director at the secret service. the president is likely to be asked about that plus new possible sanctions on russia he signed off on this week. and afghanistan, remember the combat mission is winding down at the end of this year. >> a lot to squeeze into an hour. thank you. >>> last night stephen colbert hosted the final "colbert report." there was a sing along with one of the greatest collections of celebrities we've seen. since we don't have time to play the entire song, here are some of the highlights. ♪ ♪ ♪ >>> nbc faces, big a lot of people were there. >>> let's get down to business with landon dowdy. i think we're the only ones not there. >> no kidding. what a happy friday. great crew. >>> the market rally looks like it could roll on for a third day. stocks had the best day o

. >>> and this morning homeland security secretary jay johnson will appear before a congressional committee to defend president obama's executive actions. in written testimony prepared for the white house homeland security committee johnson calls the president's plan simple common sense. but republicans have vowed to do what they can to block the president. one option they are considering is to withhold funding for immigration in a government spending bill. that means there could be a show down ahead of a december 11th deadline to pass the spending bill to keep the government running. >>> coming up next in our 5:00 hour from sandbags to tarps. preparations are under way across the bay area just how much rain is expected from this latest storm and what has people so concerned. >> and it has taken tour weeks but san jose will declare its new mayor. >> and right now we are looking at the golden gate bridge. you can see the lane workers are out there reconfiguring the lanes so be careful if you are going there any time soon. it's wet and we'll tell you where the delays are. >> nearly half an in

matter to go after the department--the secretary of homeland security, one of the officials named, jay johnson. does he have to show up to respond? >> well, they're used to being named in lawsuits and there are lawyers in the department of justice who will defend them. but it's difficult for the states to prevail. they have to show that they've suffered a concrete and specific injury. and nicky hayley, in the click you just showed, was trying to make that argument. but that's going to be a pretty difficult argument for the states to make. they have to show that they're specifically injured by this executive order, and that the courts' order in their favor would address that injury. >> do you agree there is a standing problem? >> i don't agree there is a standing problem. six years ago or eight years ago now the supreme court in a case called massachusetts versus epa recognized that a state has standing on quite frankly flipsier claims of potential harm than the 17 states have argued here. in that case the supreme court said massachusetts could force epa to issue rules dealing with global warmi

that was very nice. >> jay johnson clearly has a legal background. he used to be general counsel for the pentagon and not only was he defending the president's immigration plan, he's actually an architect of it. he helped create it and took that message to capitol hill yesterday. >> everybody amazed that he countered those words so quickly. learning lessons from the past, the gop choosing not to shut down the government to get their way. >> the american public blames them for last year's government shut down, so leadership such as speaker boehner are remembering that lesson. however, that does not mean that some of the tea party members of the republican ranks aren't thinking about a government shutdown either as a threat or something they'd be willing to go to the mat for. it comes down to a power struggle. at this point, it looks like leadership will have the upper hand. >> libby, thank you very much. >> lawyers in texas are making a last ditch effort to save a death row inmate, scott pinettey was found guilty of murdering his in laws. advocates sa

reported top choices including michelle, senator swrak reid, and secretary of homeland security jay johnson that all withdrew their names from consideration. >>> now to ferguson, missouri, where the law enforcement is now being scaled back citing improved conditions. jay nixon says the national guard is no longer needed in the city of st. louis and that its presence will be reduced in ferguson. county police officers will also stop working 12-hour shifts. governor nixon declared the state of emergency last month before violent protests erupted when a grand jury decided not to indict darren wilson for the shooting of michael brown. video showed head venting anger and grief after that announcement of no indictment at a st. louis bar is no longer supporting the rams after five players made the hands up, don't shoot gesture on sunday. in a facebook post, the bar said it will now back the chiefs because of the "bone-headed act." >>> meanwhile, an abc news-washington post poll shows americans are split on whether a grand jury should have indicted officer wilson. there's a clear racial divide with

now, jay johnson's pushback on that is that the d.h.s.imited resources and that instead of going after the so-called dreamers, young people who have come to this country with their parents at children, d.h.s. needs to spend its resources on trying to get the worst offender, those who committed serious crimes out of the country and deported. this is a big moment, partly cloudy we will see the fireworks really come to the front on capitol hill this morning. >> guaranteed that. how else are republicans strategizing to actually fight the president said immigration plans? >> well house republicans go behind closed doors this morning in conference to talk about their strategy going forward for the lame duck session and what's to come. house speaker john boehner has to threat a very small needle. he's got to be able to get his caucus onboard to fight the president's immigration actions but not risk a government shut down, something that republicans were blamed for last time aren't and the house speaker wants to avoid it. that's rely now because

the names we've heard are jay johnson head of the homeland security, ashton carter who is deputy secretary of defense. what is interesting about this, criteria will be somebody who has power within the building, can work within the pentagon also is trusted by the president. the position of secretary of defense, the fourth this president has had is such fascinating to look at extent to which president wants to get his hands involved on detail level but then also no president can be in charge and control of everything. first meeting at the pentagon president said to then secretary of state bob gates, i think of myself as parallel parking. in other words i'm coming in there, two wars going on, host of hold over policies from the previous administration, i just want the fit myself in between what is going on. now you've had three secretarys of defense all leave saying they felt micro managed like the white house was controlling everything. new person who comes in as to figure out whether they're go to have autonomy or seen just as puppet of the president. >> o'donnell: michael, is this sort of

homeland security secretary jay johnson is expected to take a grilling from house republicans when hen the president's plan to shield millions of undocumented immigrants from deportation. >>> and it's adrian peterson versus the nfl in a hearing involving his child abuse case. the minnesota vikings running back is appealing the league's decision to suspend him without pay for the rest of the season. and this comes as the senate holds a hearing to address domestic violence in pro sports. nfl commissioner roger goodell is not expected to attend, but his top lieutenant on football matters is expected to testify. that's going to do it for "way too early." stick around. "morning joe" starts right now. ♪ ♪ >>> good morning. it is tuesday, december 2nd. kind of a wet -- >> it's a perfect day. i love this day. i've never been happier. you know why? >> why? >> we have possible list zero prize winning columnist and msnbc political analyst and man about time. he's got a title for everything. eugene robinson. he's so sad. jeremy peters. jeremy needs to work. jane, can you give engine >> gene, can

sources said today the department of homeland security secretary jay johnson's no longer in the running. the obama administration confirms that carter is on the presidents short list. >>> well tikata, the japanese airbag maker whose products have been known to explode and injure or even kill now has until midnight to respond to a u.s. government demand for a nationwide recall after trying to fix the problem for a decade, seven automakers are launching an investigation looking into the potentially deadly parts installed on millions of cars. at least five deaths have been link to the problem across the world. tikata executives testified before lawmakers last month and they apologized to the victims. >>> just in time for the christmas holiday and airport ban on carry on luggage, could that actually happen? maybe and you can blame al qaeda for it. counterterrorism officials are said to be discussing a carry on luggage ban because intelligence reports suggest al qaeda might be planning to target commercial frights from the u.s. to europe just before christmas. >>> american drivers are paying

jay johnson said they're considering a range of options to deal with it. immigration, the secret service report could both come up today that report suggested changes in and around the white house and within the agency to keep the first family safe. and don't forget afghanistan. it is winding down at the end of this year. the official end of our combat role there. while all the washington lawmakers and president himself are on vacation. >> tracie that's a lot to cram into an hour. thank you very much. tracie potts in washington, d.c. >>> now talk about your santa claus rally. stocks had their best day of the year on thursday with a dow gaining 421 points. investors rallied on news fed will likely meet interest rates alone until summer along with some year end buying to spruce up portfolios. this two day rally could roll into a third day today with futures sharply higher at this hour. >>> last night, stephen colbert hosted his final colbert report on comedy central. and at the end of the show there was a sing along with one of the greatest collections of ce

the behind the scones actives of jay johnson and other white house staff. and mr. johnson's team huddled for hours daily under the orders to use the legal authorities on a deportation policy a senior administration said. mr. johnson and mr. obama, both lawyers pro poured over proposed changes and that affected millions of people and significantly alter the way immigration laws are and are enforced and the president wanted to go bigger and grant amnesty to the parents of the so- called dreamers and young people who are here without official paper work. >> joining us is jonah and a b stoodard. >> jonah, you say for the president it is all politics? >> right. first of all, if he wanted to do it and if policy makes for good politics, he could have done this when he controlled both houses of congress and before the 2012 election and 2014 midterm election. instead he kept putting it off, because he knew it would not be good for the democratic party. and the calculation from the beginning is politics. he is called the deporter in chief and hispanic and immigration activis

jay johnson told the white house today that this was a nonsense idea, that it would hurt national securityr he said what it would hurt because of the timing, our plans for border security measures, immigrant detention facilities and surveillance on the border, all things republicans say they desperately want. it would also stop homeland security from hiring new secret service officers, which was the recommendation everyone thoughts was so important after the recent secret service fiascos. break aufg homeland security and not funding them with everything else would mean those recommendations can't be fulfilled. but apparently that's the plan. it won't substantively do anything to stop the president's actions on immigration, but the homeland security agency says it will hurt homeland security. there's also a chance the white house might veto this plan if this does pass. obviously democrats won't go along with this plan. if it does pass, it will need to pass with all republican votes. so as there's this fight on the right about whether this is a good idea, there's an interesting question of w

and in a hearing on capitol hill jay johnson said he's fully comfortable that the executive brafrp has the full authority to implement these actions. >> i am satisfied as a lawyer myself and defending the actions is well within our existing authority. >> the lawsuit is not seeking diagrammings, but an injunction to stop the actions from going into affect. ncasy stegal keep an eye out for us. >> and more on the way for u.s. home openers in danger of close close. some borrowers could have a 5000 reduction in the loans. they could receive discounted rates. some people are still strug lipping to find work. >> right now opening statements in a murder trial that once again tests the stand your ground law in montana. the 17 year old foreign exchange student was shot when he entered the garage late at night. prosecutors said the door was partially open and a purse was in plain shot and fired his shotgun four times without warning. we'll take it up with our legal panel. also joins us is a criminal defense attorney as well joining us from california. welcome to both of you. >> thank you, john. n

this statement -- >> if that wasn't enough, at a house hearing on capitol hill, homeland security jay johnson explained short-term funding would hamper hiatios -- agencie objectives. >> i need help securing the border on the southern border of arizona, texas, new mexico for added surveillance, vehicle, and equipment. i'm hoping congress will support me. >> with this congress he may need more than hope. luke, the statement is a big development in this sauga. does this mean that john boehner won't have the voted to pass the omnibus that is being floated. >> that's the million dollar question is where are democrats on this prop pole as. on this proposal. you saw kneneil right there adamantly against it. you played steve king in the opening, very important voice, he staked out the right of the right on immigration. if he is okay with this, you would think more will follow suit but talking to more conservative members they are uncomfortable funding homeland security to march they want it less than that, maybe all the way to january. they don't want to hand over the levers of government that long.

>>> homeland security secretary jay johnson claimed that the president does have the authority to carry amnesty plan. >> in my judgment we have the legal authority to fix our broken immigration system in a variety of ways including deferred action. >> well, that despite a federal judge's ruling this week that finds mr. obama's policy exceeds the scope of executive authority. great to have you here. >> thanks for having me lou. >> so here we are. a president has signed -- well i guess he didn't sign. he has sent out a memorandum making amnesty de facto to 5 million illegal immigrants. we're looking at a backlog of legal immigrants of 7 million people at cis. this isn't something he's going to be able to do i would say for sometime to come. >> the department of homeland security has been working down to whittle down that backlog. u.s. citizenship and immigration services are going to have to staff up. it is going to be an organizational challenge but at the end of the day, it is a lot better to bring those dollars into the system and make taxpayers out of those people. >> i'm not getting

. >> the secretary of homeland security jay johnson has potential openings here.ttorney general eric holder is going to step down as well. >> doug luzader is live for us this morning. thank you, doug. the fbi joining in on the search for missing college student shane montgomery he was kicked out before bumping into a dj's table. he never made it home. friends say he was not drunk. >> they walked him out the door that was the last time anybody saw him. i can't image this is the last time anybody saw him on main street. >> hundreds of volunteers are canvassing that area now. shane's mother will update us all live on fox and friends at 8:15 a.m. eastern time. >> the father and step mother who allegedly kept their son hidden inside this georgia home for four years will stay behind bars. they denied them bail. the couple arrested when police found the 13-year-old boy hidden behind a false wall in their home. the boy reported missing four years ago. he has since been reunited with his mother. >> a fox news alert now parents planning a 9-11 style terror attack targeting

. >> reporter: homeland security secretary jay johnson -- the president can't by pass congress to shield illegal imgrants from deportation. >> the president created that category, not congress, that is a clear violation of the constitution principles. >> with 11 million or 12 million people in the country illegally, johnson said he doesn't have the resources to deport them all so he has to prioritize. he said that president bush made similar moves. although not on the scale of obama. >> the people we're talking about are already here, they have been here for years, they have become integrated members of society. >> in the judiciary committee, republicans called witnesses to challenge the legal basis for mr. obama's actions. >> in our view, president obama's actions are unconstitutional. president obama's actions are unlawful. president obama's actions violate the separation of powers. >> the critics said mr. obama himself changed the law in response to a protesters, and why johnson said that the president wasn't speaking literally, he conceded. >> i think the law has been changed in term

bob, that could also include if they decide that jay johnson, secretary of homeland security security would have the three major johns responses for respe americans. >> those are the three cabinet level positions that the congress probably would not turn their back on. i could see them playing around with agriculture, but this is serious stuff. it is ---i don't remember a time, ten years ago, but do you remember a time with this many people, of cabinet level? >> i think it is unusual. on this point, greg, let me ask you about the tactics, because it's a similar war, it's the war on terror, it's a war of ideology, but this is not necessarily the jv rag tag team, this is a new tactic in order to attack our troops here at home, based on our first amendment rights of true expression. >> why ask this risk elevated? because british jihadists are returning from fighting with isis. so how in the hell are they returning? once they left, shouldn't they have been followed and evaporateded? i don't understand how they can still come back, also their western converts. >> exactly, then you have the

homeland security chief jay johnson calls the findings astute, thorough and fair. >> joint chiefs chairman general martin dempsey says three key islamic state leaders in iraq have been killed in recent weeks. one of them is said to be a deputy to isis leader baghdadi. >> maoscow's economy is in the tank. but amy kelly tells us a long-winded putin today blamed the u.s. and its allies. >> reporter: president vladimir putin had a message -- everything will be all right. there could be two more years of economic uncertainty, he said, but russia will pull out of the situation, which he did not call a crisis. putin said that outside forces provoked the troubles, but he also blamed russia's own failure to wean itself off the sale of oil, which the price of which has plummeted. when asked if a currency collapse was the price to play for annexing crimea, he said, no, the west has been trying to bring russia to its knees since the end of the cold war, that they wanted to turn the russian bear into a teddy bear. >> maybe the they should just sit still and eat honey and buries and leave him in peace.

. >> jay johnson speak out on the decision and also the ensuing prot protests.eared on "the lead" with jake happener. he urged people to get involved politically in order to change the criminal justice system. >> if you want change to come about as a result of an event like this, engage the political process in a positive way, in a positive, nonviolent way to bring about political change. >> johnson will appear in boston today to meet with law enforcement officials to discuss community relationships. >>> a potential showdown brewing at the oval office. president obama plans to meet with seven newly elected governors, one of whom is suing him. greg abbott is leading the 17-state lawsuit against the president's executive action on immigration. the meeting comes as part of obama's outreach effort after democrats were trounced in the midterm elections. >>> people in the philippines evacuating ahead of a typhoon there. hundreds of soldiers and police are patrolling the streets helping folks get out before the storm strikes. it's expected to slam the central philippin

bill: well, you're congress is taking on immigration on this tuesday with homeland security chief jay johnson hot seat as the house, and security committee looking to president obama executive action to shield millions from deportation. welcome to "happening now." heather: committee chairman blessing the president's plans questioning his legal authority to issue executive order saying the move undermines the constitution encourages more people to cross our borders illegally. >> the president said over 20 times he did not have the legal authority to do this, to take this executive action and this is not how democracy works. do you agree with that prior statement? >> chairman, 30 years as a lawyer when someone paraphrases remarks from somebody i want to see the full q&a, i want to see the full context. you know exactly what the person said. i have various excerpts of remarks from the president concerning his legal authority not believe what we have done is inconsistent with that. heather: there you have it, live covering this from the white house. any reaction from the white house so far? >> no

response, which would seem to rule out any sort of military action, and homeland security advisor jay johnson also said today that he felt that this was a very serious attack, because it wasn't just against the company and it's people, but also against the freedom of americans to go to the movies and creative process to make movies as well. so they signaled today that they are taking this very seriously. >> help me clear this up, has a clear link been established by this government from the hack to north korea. >> well, if there has been a clear link, they haven't acknowledged it yet. is that's where all the evidence is pointing. and frankly, one of the problems if it turns out is to be north korea, there's a limited amount of options. it is already a heavily sanctioned country. some are calling for additional banking restrictions that would wall up the one and of course the u.s. could also engang in some cyber warfare of it's own. at this point we aren't sure what the response will be a lot of reaction to this hacking and the response online. shock is a lot of what we are seeing. writing wow

here's jay johnson this past hour on andrea mitchell. >> the u.s. government is considering a range of options that will take in response to this attack. we do regard the attack on sony as very serious. >> as it would happen, josh is talking about this attack. take a listen. >> as we would be in any scenario, strategic scenario like this, they would be mindful of the fact that we need a proportional response and also mindful of the fact that sophisticated actors when they carry out actions like this are often times, not always, but seeking to provoke a response from the united states of america. they made believe that a response from us in one fashion or another would be advantageous to them. so we want to be mindful of that too and the national security team is mindful of those two important strategic considerations as they consider the range of response. >> there is a big debate over someone cancelling the interview. is he expressing the interview with the head of state? >> i haven't talked to him about that. what i can say as a general matter is