kerri urbahn thank you all so much. great at explaining all of this with aspects of moments ago, a very big moment in downtown manhattan in this case. the accused ceo assassin luigi mangione back in court as activists support raises fears of a rogue juror that could potentially, if they get on history the role of because he had so much outside support, next. ♪ ♪ >> free luigi! free luigi! free luigi! free luigi! ♪ ♪ why i am the way i am. my curiosity led me to ancestry. it was amazing to see all the traits that i've gotten from my mother in my dna. it's a family thing. it's a family thing. at ameriprise financial we know our clients are so much more than clients. they're go-getters and game-changers, legacy-leavers and visionaries, healers and confidants. the goals that matter most to you matter most to us. helping you achieve them is what we do best. with personal financial advice from an advisor you can trust, and goal-based investing and solutions. it's no wonder we have a 4.9 out of five client satisfaction rating.

kerri urbahn. fox news legal editor.irst of all that the judge is doing this on a holiday, how much does that part even shock you? maybe not at all. >> i was surprised. the bottom line is if this issue ends up hitting the supreme court and agree to take it up i don't see how the supreme court can't side with the trump administration. political appoint east have to do their job and elected by the people via the president. the executive branch is the a co-equal branch and i would just say that anyone trying to stop political appointees from doing their job like an audit is usurping the democratic process and why the judge said a couple of days ago if i agree with the broad request i would be shutting down the government. i'm curious to see if she will remain consistent after this hearing today. >> harris: federal appeals court shut down president trump's request to fire the head of the office of special counsel, now the president is asking the u.s. supreme court to get involved. the emergency appeal could be the first of m

let's bring kerri urbahn fox news legal analyst and initially at least people the fbi refusing to cooperateoj investigation into the fbi. >> i was surprised and i was not surprised and i will get to why i was not surprised in a manner. the justice department to release that earlier and could have fended off the fallout that occurred from this memo if they said by the way, the reason this is happening is because we asked bosses for people involved in j6 and we want to do due process that people acted ethically. they didn't give it to us. of course whether fbi or here or in company, you cannot declined to give over information if your boss asked. i was not surprised that i think this is an issue in general from the fbi. something i have seen for years. i would say it is arrogance problem. there is this mentality that they are above approach and that, therefore, beyond accountability. so i think it causes them to make bad decisions. they are offended when confronted with this. i saw this a lot at doj. maybe kash patel is the guy to clean it up, but i'm a little bit skeptical and i think there

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let's bring in kerri urbahn, fox news legal editor. here in the d.c.that seems to have a problem what the states are arguing. the things i'm hearing or troubling, indeed, but i have to have a record finding facts before i issue something. what do you think? >> this can't be based on emotions that the plaintiffs that don't like donald trump and apparently they don't like audits either. judge chutkan said if she went forward to block access for doge, the broader request would effectively shut the government down. it would cause them to come to a halt. that is why a lot of the judges are siding with the trump administration. right now we only have one or two outstanding ones that is not a win for the trump administration. that is because thankfully that judges are acknowledging coequal branch executive branch has to be able to exercise legitimate functions like conducting audits like accessing data within the agencies. they should have the same access if not more than career colleagues. it is remarkable, john, we are at this point in the conversation we a

>> john: let's dig deeper with fox news legal editor kerri urbahn.ork. judge jeanette vargas clarifying the order that she put out a week ago, ten days ago, saying nobody could get access to the treasury payment system except for career officials, a couple of them at treasury, she has no? >> in fact the a treasury secretary can access data at his own agency. i'm a little concerned this judge in this case is causing a bit of a constitutional crisis. the fact -- i actually mean t that. >> john: democrats believe the president is doing it but maybe it is the courts. >> it is, tremendous gaslighting friendly by the democrats, i think the conversation -- >> john: that would be new. >> the conversation, there should be much more conversation about how the judiciary is interfering with a coequal branch of government. the executive branch in their exercising of their legitimate function and authority and in this particular situation i think the treasury department situation illustrates it the best. the fact that a judge is unilaterally deciding that politica

let's bring kerri urbahn, fox news legal editor.mean a whole lot that if men did the judge says, no, unconstitutional. that will mean a whole lot. >> that is true and the federal employees have another weekend to go beyond 60,000 who agreed to take the buyout. maybe they will want to do it as well. john, that speaks to some think more broadly and thinking about which trump term 2.0 constitutional law nerd's dream come true. all of these issues birthright citizenship and what does it mean to be a citizen? the gender eo keeping men at of women sports. what does it mean to be a man or woman and holding from sanctuary cities and other actions. you don't have a country if you don't have borders. these actions method trump administration is taking, not just important for his agenda hs campaign promises, which it is but for securing the future at this country. it is important for human flourishing. i have to say i give him credit for going and so hard and so fast because the same cannot be said about republicans and democrats in the past a

fox legal editor kerri urbahn said this. >> they don't have to take it .is there especially and clearly a lot of those federal employees don't, either, considering how many thousands have accepted the offer. we'll see what happens given the judiciary's interference in that one. >> harris: federal judge is extending the temporary order to block the buy-out offer. thousands of people as you just heard kerri saying have already accepted it and gives it more time to consider what they will do. republican congressman chip roy of the great state of texas in "focus" next. i had the worst dream last night. you were in a car crash and the kids and i were on our own. that's awful, hon. my brother was saying he got life insurance from ethos. and he got $2 million in coverage, all online. life insurance made easy. check your price today at ethos.com. >> sign in the crowd said doge stands for dangerous oligarchs grab for everything. i said then and say it again, that elon musk needs to keep his grubby hands, his greedy, grubby hands off of our government. >> you get yo

. >> dana: want to bring in kerry urbahn. bove said this.ted there was no quid pro quo. this should be resolved as soon as possible. will it be? >> i don't think the judge has a choice here. a meeting of the minds between d.o.j. and mayor adams on terms of the agreement. dismissing the case without prejudice, which means that mayor adams can be reindicted at a future date. they acknowledged that. i don't think it will be an issue since i didn't commit any crimes. at this point the judge has to sign off on it. if he were to go further it would be going into the minds of the prosecutors, which would be an interference in the executive branch function. >> dana: it might look messy but be what it is and what they have to do. governor hochul was pressed on the question about possibly removing adams and who is running new york city. watch here. >> who is really in charge of new york city's government right now? >> mayor adams the elected mayor of new york stechlt i'm the governor of new york. new york is a subdivision of the state of new york. i h

here to react, fox news legal analyst, legal editor kerri urbahn.oing to find out now if you feel as though that doge can have access to the irs system. so, if the head of doge has a high security clearance. >> people get individual clearances. one thing that i think has been strange over this whole conversation around doge the last couple weeks is the idea that you need security clearance to access tax information and social security. you don't unless that social security number is attached to information. doge employees accessing sensitive information have the appropriate training and clearances. so that should really be a nonissue at this point. in addition to the fact, brian. that doge employees are federal government employees. and not only have same access but more. they were elected by the people we the president and the election. a lot of what we are seeing over the last few weeks is just the media and certain lawmakers being disingenuous and i think exploiting the american people's lack of knowledge over how this works political appointees

let's bring in fox news legal editor kerri urbahn. we want to get to the elements of d.o.g.e. elon musk in a second, but one of d.o.g.e.'s ancillary actions was on his $59 million that went from fema to hotels in new york city to host illegal migrants. four dhs staffers were fired because of the payment. you got some breaking news on this. >> i talked to a dhs official about this just some time ago and i wanted more information with the payment was four, the dating, the timeline on this, and this official told me but $21 million did go to the hotel and the remainder was for food and security services and the like but it was for december and january, prior to trump being elected, and so -- >> john: these were retroactive payments. >> for bills from that time. now dhs's frustration with that is they say the official made the payment didn't have the authority to do that and basically was on rubber on autopilot, rubber-stamped it but should have checked first before doling that out. i thought the timing of that was interesting. >> john: if these were payments that were owed from t

kerri urbahn, joe concha here to break down some of the hurdles that the president is facing. just ahead. >> democrats are raising the alarm. we are making all of the noise that we can. >> we just have to contain to hammer away, it takes time and persistence. >> that is a constitutional crisis and that, by the way, is how dictators come into power, so the organizing in the streets is very, very, very important. i'm not an actor. i'm just a regular person. after working 25 years in the automotive industry, i retired. eight years ago, i just didn't feel like i was on my game. i started taking prevagen and i want people to know that prevagen has worked for me. give it a try. i want it to help you just like it has helped me. i've been taking prevagen for eight years now and it is still helping me tremendously. prevagen. for your brain. (giggling) you go to sandals to get really, really close, (giggling) to the caribbean. we should do this every morning. sandals valentine's sale is now on. save up to $1,000 and get a sandal-lit dinner for two. (sigh) if you struggle with cpap... yo

the talking points are gone around to the democratic side but as kerri urbahn would say, if anybody is precipitating a constitutional crisis, it is these appointed judges standing in the way of president trump's article to authority. >> i think karoline addressed that, pointing to the president's answer on this question, saying they are going to continue to fight these orders, but they believe that they are misplaced and the executive action that they are taking is justified. and how this money is spent. i thought it was really interesting. she did not add much to the detail on a conversation with putin and zelenskyy, only saying that this next step is going to happen in munich on the sidelines of the munich security conference. >> sandra: not a lot of detail in the actual exchange. about what, you know, what the u.s. has promised an exchange. it seems we have not been offered any detail about that, bret. >> i think this is where obviously the devil is in the details about how this all comes together at the negotiating table. it seems like he is leaning towards a split of pre and post-