program under california p.u.c.egulations that it have an effective service agreement with the investor-owned utility. bylaw, the c.c.a. model is a partnership, it does specify that p.g. and e or potentially a successor investor-owned utility is providing the distribution service, the metering service, the billing service, so this agreement is what memorializes that partnership. >> for january 1st is a retroactive start, and we have not started the service agreement yet. why is today the day that this has to be approved? >> we are seeking retroactive approval because the p.u.c. did execute the agreement prior to the termination of the previous agreement in order to ensure continuity of service. we did not want to take the chance that the c.c.a. service could be suspended or harmed in any other way. just to be clear, as i said in my remarks, we are operating under the agreement. >> yes, catherine stefani? >> even if we weren't -- if we did not approve it today for some reason, or if we wanted more information, you wo

contract with nike, then switch to under armour.id: how did he pick under armour over the others? kevin: his three-year-old daughter at the time made the decision. stephen curry had offers from all three brands. he was the seventh pick in the draft. three years have gone by and he did not feel he was getting the love from the brand he was with at the time. on top,hree shoeboxes each issue we had for him. he said, tell me what you think to his daughter. she got up and hobbled over there and picked up the first , looked atdidas shoe it, and threw it over her shoulder she walked over to the second -- shoulder. she walked up to the second, the nike shoe, threw it over her shoulder. she walked over to the under armour shoe and said, this one, daddy. david: wow. did you have to pay her? kevin: not a bad idea. but itld be fashionable, is great if it increases your blood fall -- flow and helps your muscles recover faster platoon greater shape for tomorrow. david: i feel the blood flowing already. ♪ children or young adults are buying athlet

it happened near the ardley avenue overpass under interstate 580. the victim has not been named. ( darya ) and one man was killed on highway 121 in napa county wednesday because of the weather. police say three other vehicles were involved in the crash --- the conditions of the other people involved have not been released. (2-shot)( darya )also in the south bay... the rain is making for a dangerous commute ... especially on highway- 17. ( james ) kron 4s rob fladaboe gives us a live look at the conditions. ( james ) thanks rob.( james ) thanks rob. ( james ) lets continue our team coverage this morning by checking in with will tran in the east bay.( darya ) will how hard is the rain coming down over there this will? thanks will. ( darya )(ááá2 shotááá)in the south bay... there are concerns about possible flooding at the guadalupe river ( james ) kron 4's yoli aceves is live in san jose with the details. yoli. ( yoli )flood warning: guadalupe river above almaden expressway is forecast to rise above minor flood stage thanks yoli. we will check back wi

under that scenario the heche program would explain. that program would absorb the clean power sf program customers. instead of just providing supply to the customers we would provide fully integrated services to all those in san francisco that we only provide to a portion in the heche program. under clean power sf the contract they have signed, that supply would be absorbed. the commitments we are making that the director was reviewing would continue. we would be in a position then of being able to expand our ability to invest in renewable resources. we would have a higher revenue stream coming in. we are note for profit. we would have more funds available to pay for these programs and to achieve these goals that we are trying to achieve. >> thank you. that is very helpful. if pg&e, if the route we go is not municipalization of pg&e, how do you identify the heche sites for renewable energy and which are clean power sf? i know there are a number of things happening in terms of bonds to build renewable sites under heche. how do you decid

>> under the regulations, there is a possibility of that. with this committee would not -- would be aware of it. a lot of water has gone under the dam since elliot richardson. a lot of different administrations on both parties have experimented with special counsel arrangements. existing rules, i think, reflects the experience of both republican and democratic in administrations and strike the right balance. they are put together in the clinton administration after ken starr's investigation. >> that's right. the current regulations on the books right now prevent the attorney general from firing without cost to special counsel. they require misconduct, dereliction of duty, incapacity, conflict. will you follow that standard? >> of course. >> what if the president asked you to rescind or change the special counsel regulations? >> i think those special counsel regulations should stay in place for the duration of this investigation. we can do a postmortem then, but i have no reason to think they are not working. >> so, most famously, when direct

under the ordinance, that would be considered one step. the business of the category three. in this case, after consultation with the organization, we connected them with a pro bono legal service organization. they are currently helping them figure out what their rights are , and going through one-on-one the lease negotiation , making sure that if the business takes on the obligations of compliance for the ordinance, that they are -- that they are in the right in being able to do so and that they are -- their financial capability and their needs are being met through the lease negotiation. and then case number 3 capped a small flower shop as a tenant who has a seven year lease ending in 2020. their landlord did have an inspection done to inspect the entryway and the landlord already paid for filling out the checklist. the proposed remediation is to install a power door operator, which the landlord is now passing that responsibility onto the tenant to arrange and to pay for. they reached out to determine two things. one, if the door operator is required, the particular busine

the new tax first season under the new tax law. axhe t if a taxpayer is under withheld as a result of changes in the tw law and not through the fault of their own, the irs should consider what action the agencyo can take to provide penalty relief. it shouldn't be exaggerated.xag. yes as a ranking member claimsys in his letter to the commissioner, it is estimated as many as 30 million taxpayers may have had taxes under withheldavd from their paychecks. but but what hasn't been said is 30 million is only about three percentage points increase from how many would be withheld under even the old law just because there was withheld during the year does not automatically mean that there willl au be subject to a penalty tax. but things are slightly off from being penalized.being it's quite possible some issues will arise and that we did not anticipate and need to fix as w. go forward. our democratic colleagues will g allow us to fix it for their help as many more constituents as possible. fmer. nor does it undermine the fact t impr we mode

she was held under secularly under house arrest for six years, not allowed out.she was ostracized by the people she'd grown up with. she did eventually get out of moscow after the collapse of communism allowed to come to britain with her daughters, who had not seen their father. there's a gauzey photograph of them walking on hampstead east. the truth is the marriage was over probably long before them. oleg deceived his wife long before they met, long before they were married, rather. the major exploded quickly. oleg is completely estranged not just from layla, but from his daughters. he hasn't seen them now for getting on for a decade. so, i suppose if that is the human cost that lies at the heart of these stories. we often think of these stories somehow they're moral fables, good people, bad people, black and white and heroes and villains. spying, life is not like that and spying definitely isn't like that. and so it sort of worked, there's a poignant human cost. oleg paid a huge price for that and so has his family. i fear, ladies and gentlemen, that i've overs

>> is it permissible under what? >> would it strike you -- would it strike you as obstruction of justice for him to exercise his presidential pardon power for the purpose of preventing testimony? >> yeah, i think that if -- if a pardon was a quid pro quo to altering testimony then that would definitely implicate an obstruction statute. >> would it be permissible for the president to pardon family members -- >> let me just -- >> -- simply because they're family members. >> let me say -- i'm sorry, go ahead. >> two last questions and then we will be done. do you think it would be permissible for the president to pardon a family member simply because they are a family member and where the purpose, the motive, is unclear, and do you think it would be permissible for a president to pardon himself? >> the problem is under the constitution there are powers, but you can abuse a power. so the answer to your question in my opinion would be, yes, he does have the power to pardon a family member, but he would then have to face t

paid or covered under part a. that's in substantive legal standard, the legal standard is the test. here we have a test. that's what the 2014 issuance is doing, defining when drays are covered. the question is what work is substantive doing? then it's doing it in contravention to procedural. everyone on both sides agree that in this sense, substantive ver s procedura procedural, it's an affect at reducing the right of recovery or reimbursement for these hospitals. the government points to this d case called ahav bowen. they added the phrase substantive legal standard to reflect that ruling. first of all, when congress made that change, it said we are clarifying the statute. it did not say we are doing a wholesale change in the statute, which is what the government's position is today and oral argument. it said its clarifying the statute. second point. that haav bowen case, actually, substantive procedural is also a distinction in the apa. there are substantive rules, interpretive rules and procedural rules. and wh

a lot of water has gone under the dam since elliott richard n richardson. a lot of elements of different parties have experienced with special counsel arrangements. and the existing rules, i think, reflect the experience of both republican and democratic administrations and strike the right balance. they are put noticing -- put together in the clinton investigation. >> it recalls misconduct, dereliction of duty, conflict. will you follow that standard? >> of course. >> what if the president asked you to rescind or change those special counsel regulations? >> i think those special counsel regulations should stay in place for this investigation. we can do a postmortem then, but i have no reason to think they're not working. >> most famously when directed by president nixon to fire the special counsel, the prosecutor investigating watergate, richard nixon resigned, as we all know. if those directions were to fire mueller, would you follow richard nixon's example and resign instead? >> assuming there was no good cause? >> assuming no good cause. >> i would not

big changes just around the corner as we enjoy our last day in the 60's under mostly sunny skies. after today temperatures will cool into the 50's for the rest of the forecast along with rain looking likely tomorrow night and then again into the weekend and the start of the next week. no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. ( james ) breaking overnight... pg&e has officially filed for bankruptcy.( darya ) kron 4's will tran is joining us now live with what more on this development and what it means for customers. will? ( will ) breaking overnight... pg&e has officially filed for bankruptcy... this comes after the california public utilities commission voted to allow the company to borrow up to $10- billion to pay for operations. during monday's meeting... the commission passed the waiver saying it was the only way to ensure safe and reliable gas and eletric service will continue to flow to california homes and busineses. protesters spoke out both inside and outside of the state building.

mark: let us not forget, we talked about happen under obama. loretto lynch, under obama.russian interference in the election, obama. it's been in the room as pleasure to have you. aaaaaaaaaaaaaaaaaaaaa couple of. we'll see you soon. john: i'm john roberts in for chris wallace. the special counsel nets another member of the trump campaign's orbit, and the shutdown fight comes to a temporary halt. ♪ ♪ >> i will sign a bill to open our government for three weeks. john: but without funding for the border wall and with new threats of action. >> if we don't get a fair deal from congress, the government will either shut down, or i will use the powers to address this emergency. john: we'll discuss the political fallout from the shutdown fight with acting white house chief of staff mick mull vain and the path forward with

much like yesterday skies will remain sunny and dry and under those inviting skies temperatures willontinues to boost for parts of the bay well into the low to mid 60's. temperatures will further rise into the weekend ahead of us. no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. min from the less then 30 bridge wb 80 is spots. bay no major hot no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. richmond bridge drive less than 20 min from the toll to 101 accident wb 80 at pvr ( darya ) a woman is killed in a deadly hit-and-run in san jose.( james ) kron 4's sara stinson is live this morning with the details. sara. ( sara ) the preliminary investigation revealed the adult female victim was walking in the crosswalk, eastbound e. santa clara st., when she was struck by a white van travelling southbound n. 10th st. the van fled the scene without stopping. the victim was pronounced deceased at the scene. the suspect has not been identified or apprehended.the identity of the victim will be released by the santa clara county coroner's of

that it is under the. russia disagrees and says that it is.a group of terrorists it's been almost four months since saudi journalist walked into his consulate in istanbul never to be seen again and now the u.n. human rights investigator looking into his murder is meeting with turkey's foreign minister. will have a week long talks in turkey. says it's a crucial step towards formal accountability for the killing of a saudi journalist who was a critic of the crown prince well stephanie decker joins us live now from outside the saudi consulate in istanbul stephanie how significant is this visit by the un special rapporteur expect to come out of it. i think it's significant that she has taken it upon herself to conduct an investigation under her remit in her words she said that it doesn't seem that the united nations or any of the other member states seem to be pushing for an independent investigation for what she called was a gruesome murder one that had grave consequences so as you mentioned she's met with turkey's foreign minister expecting her

we're looking at remedies which are not as robust as we're finding under the g.d.p. oh you know big of g.d.p. our i know you told us last time you were with us that part of the goal was to harmonize throughout the twenty seven twenty eight member the you member states had some consistency when i was doing financial regulation one of the goals we had was to try and make it roughly can comment u.s. regulations with other things or have others emulate us what about this law is there any language in it that might be similar to g.d.p. are there is so would i was with you before we talked about article twenty two right you know the famous article twenty two that says that firms in the european union cannot use your data aggregated to market to you so we have the same thing here we don't use the term aggregate we use the term a leverage but the same thing applies where advertisers cannot use that data for their purposes now we have for the other areas as far as the agreements and as far as what can be done with the data almost harmonizes with the g.d.p. are but again you kn

mark: let us not forget, we talked about happen under obama. loretto lynch, under obama.ection, obama. it's been in the room as pleasure to have you. >> thank you so much, mark. mark: think it's for the work they are doing. ladies and gentlemen, is next line on "life, liberty and levin". ♪ ♪ >> this is the battle at the border, this audience ready? i am brian kilmeade, welcome to beautiful san antonio, texas, the great state of texas, we brought the show on the road. we made the right choice. 130 miles is our southern border, debate over to build the wall there is at center of the conversa

under rifra, religious freedom is not absolute but protected by wunl of the highest standards under constitutional law. government is still able to fulfill its purposes just without infringing on people's rights. it is a remarkable thing for any government to oppose such a restraint on itself and it is unique to the american system and we can look at many other countries that don't protect the free exercise of religion and the other protections we have in rifra. the examples are many. it would have been much easier for a government to disregard the costs on individual liberty and conscious. and in all too many countries, as i mentioned, that's exactly what governments are currently doing. but the enactment of rifra was a bold affirmation that the freedom of conscious are precious and deserving of protection, even when it makes things a little harder for the government. this affirmation is even more striking because it is the result of a consensus. as kay mentioned in the opening remarks, rifra's enactment was completely bipartisan. just 25 years ago. rifra was offered by then congressman shuck sch

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under president george w. bush he served on the national security council on human rights and international affairs, senior director for north africa and near eastern affairs. the rightsassion for and liberties of all peoples makes him a perfect fit and a valuable and timely addition. the venezuelan people have rejected, president maduro's illegitimate rule. consistent with their constitution and the people in the national assembly, the interim president has declared himself. these are the first steps on venezuela's road to liberty. elliott will be a true asset. on this issue and all others he presidento advance trump's interests and the american people. left thisiefly, i building 30 years ago this week. it is nice to be back. venezuela is the and difficult and dangerous and i cannot wait to get to work. >> we have time for questions. secretary, can you talk about in more detail about what mr. abrams will be doing, what will his first task be? what will the chief focus be? will he traveled to the region, and c

he comes in under a tremendous cloud. barr will come in under a tremendous cloud because of that memo he wrote applying for the job, which he expresses great doubt as to the legitimacy of a large part of the investigation, and we certainly hope that he will do what hasn't been done previously, stand up to protect mueller, stand up to protect the investigation, stand up to the president when he tries to intimidate witnesses, when he tries to intimidate the investigation. we hope he will do this, but i don't see any reason, really, to expect than to hope he'll make the report public because the american people need to see that report to know what's going on and to see -- to know what's going on and to see to what extent the president has been compromised or not compromised and all the questions that we have. and the committee needs to see that report to continue our work. >> mr. chairman, he could have said if bob mueller views the investigation as one that should result in a public report, i will make it public. he didn't

that was achieved, interestingly enough, by the regulations under which bob bork , under the regulations and regulations as everyone here knows, has the force involved. the --s including attorney general and department of justice, are indeed bound by the own regulations until such time as they repeal them. legal advisers around him. mind, thisirst great professor of constitutional law as well as and i trust, one of the iconic courses at yale, collaboratively with a great man had reflected on these things. he thought about market share and concentration levels and so forth, he thought about our constitution. if we go back and look at the regulations that he propagated, he provided the attorney general, he was the acting attorney general at the time for reasons that steel indicated, he provided this extra measure of protection for independence. the attorney general bound himself before he would fire gon george the that he would and secure the approval, the affirmation, of both the chair of the judiciary committees and the ranking minority member. it would have to be that political consensu

a man from honduras has become the first asylum seeker to be sent back to mexico under new measures in force by the u.s. government so-called remain in mexico policy requires some asylum seekers to return to mexico instead of waiting in the united states while their cases play out in court security has been stepped up across kenya since al shabaab gunmen attacked a nairobi hotel complex this month killing twenty one people the crackdown is just life for people living near one of the armed groups hideouts close to the border with somalia as mohammed now reports. setting off on our tiring journey travel in kenya region say this person just is becoming more hectic by the day. this bus is heading to the city of mumbai from island and processed through bony forest a hideout for al shabab fighters. military and police checkpoints top the road and due to the frequent stops and such as what was a four hour journey takes a grueling and i was doesn't want to go when i when i got it was the criminals the security forces are looking for are in their hideouts and not in the buses where passage is b

judge but it did about its : legality under the ina. ms. dasgupta: the fifth circuit suggested that daca and likely dapa would not be individual liesed acts of case by case discretion. judge: did they claim or did they suggest it? ms. dasgupta: they said there was evidence that had been presented in the district court on a preliminary basis that suggested that. so the daca memo specifically said this could be an exercise of individualized discretion. there was evidence that suggested that wasn't. we now know from evidence in the public record that that was wrong, and defendants knew that all along. judge: but is it still a case that no court has jurisdiction to hear a claim on behalf of any alien arising from the decision or action by the attorney general to commence proceedings or to prosecute proceedings or to effect execute removal orders? ms. dasgupta: that's right but that is not -- judge: but that remains separate. so the -- i'm just trying to see what there is here because i m sort of inclined to agree with ks 'comment that there may

fangio was the defensive coordinator for the 49ers under jim harbaugh. it was his strong defense that helped lead that team to three straight nfc championships and a super bowl appearance. look at that face. you see the intensity right there. he was with the bears this last season. they were third in total d. fangio brings a tough, no nonsense mind-set to the broncos. >> we're not going to cut any corners, okay. i'm a fundamental coach. i think the game of the nfl, everybody thinks has changed. and it's a high-scoring league, et cetera, et cetera, et cetera. but fundamentals is still what wins in this league. and i'm going to stress those. we're not going to cut any corners. there will be no death by inches. we're going stress fundamentals. >> and you're going to like it! the rest of the afc west plays in the divisional round on saturday. chargers visit the patriots. upset special! the chiefs will host the colts. kansas city hasn't won a home play-off game since joe montana was their quarterback in 1994. beat the steelers at arrowhead 25 years ago. patri

bay bridge wb under a high wind advisory. ) for your money this morning... the gap between eating out and eating at home is getting wider. and home sales came to a screeching halt late last year. jane king is live at the nasdaq with those stories and more. ( jane )good morningu-s home sales plunged in december. redfin says previously hot housing markets are cooling down fast, with cities like san jose california seeing a big drop.bay area home sales rose at the slowest pace in 2 years in december, according to corelogic.homes are barely increasing in price as well. meanwhile, student loan debt is keeping many young people from buying homes.the federal reserve says from 2005 to 2014, the percentage of americans 24 to 32 owning homes dropped from 45 percent to 36 percent, 20 percent of which likely came from education debt burden.each increase of $1,000 in debt, then, led to a 1- to 2- percentage-point decline in home ownership.consumers never gave up on facebook during all the controversy last year.in a report on mobile use, a

killed my daughter. >> the new law prevents the prosecution of juveniles in adult court if they were under age 16 when the crime occurred. district attorney says senate bill 1391 is the law in state of california, let me be clear this decision in no way undermines the rights of victims or their families. >>> a woman killed in the crosswalk after a driver hit her anto th a hunt for clues. >> >> reporter: if you saw something, san jose police the to give you an idea, crime scene cleanup technician spend more than an hour wiping up asphalt with paper towels. a white van traveling southbound on 10th street hit her. the speed limit is 30 miles an hour. the collision knocked her about 20 feet away and the driver of that van just kept on going and left her for dead. >> who does that. that is somebody that doesn't have a heart. >> pumping gas at the 7-eleven. >> you can't walk street without being hit, ran over. at least stop and see what happens. >> sjpd does not have much more than to go on, crossing over santa clara street around 12:35 this morning. if you have a tip san jose police want to hea

that is the kind of pressure he is under and putting himself under to make big changes.dea he has come up with. this would mainly, it is burglars and shoplifters who tend to get sentences of less than six months. i think burglars and shoplifters might not find themselves going to jail if this idea goes through. it says here of the 65,000 offenders, half of them and prisons were given sentences of less tha n and prisons were given sentences of less than six months. if this was to be introduced it would really clear out a lot of prisons and speedy —— free of spaces. what message does that give? on the subject of burglaries, the police were saying we will not bother essentially to investigate. is it a crime that requires sending someone to prison? his point is that these sentences are long enough to damage but not enough to heal. if they're not going to have a sentence it would just be a community—based sentence instead. there would be punishment but it would be in a perhaps more viable way. that's a point i have made given the disturbances we have had in prisons, terrifyin

or did they resign under pressure? r.u.p. close to r.i.p. but r.u.p. resigned under pressure. i should also point out that i defined turnover as any change in the position. so if you get promoted to a more senior position in the white house, you still count as turnover. the idea is that you're no longer in that job, it means they still have to recruit, rehire, retrain. with that in mind, what i found was that president trump out of the people who have left so far, which is i believe 42, we'll get to the bottom here, these are all of the individuals, you can see this on the website too. you can see the people, where they went, who took their place. what kind of jobs they moved on to. we're almost to the bottom here. 42 of the 65 a-team members have departed. 14 have resigned under pressure. even after the first year, there were a lot that resigned under pressure. i looked back at the prior five administrations to see if i could find examples of a-team staff members resigning under pressure. i just found one or two. i found the national security advisor during the reagan adminis

under that constitution, when mr.a vacancy in the presidency, the president of the national assembly, just like here in the u.s., the third in line of succession is the speaker of the house, the president of the national assembly assumes the presidency as an interim president and has 45 days to call new, valid elections. that's what's happening here. we're supporting that along with all these other countries because we're either for democracy or we're not. and power -- we argue that power only belongs to those who have the arms and the weapons and the army to kill people, well, that's authoritarianism. we believe in democracy. we'll either support it or we don't. i understand people argue we haven't consistently done it around the world, but we're doing it in the western hemisphere, it's close to home and it impacts us directly. >> what are you hearing from venezuela as to where the military is going to land? are they going to keep supporting maduro or is there a chance they would move over to this young opposition le

on page 11 under audits under construction audits, there are three bullet items and under the first bullet item, you have geobond expenditure audit. is that the same one as the one i referred to? >> could you please repeat that? >> on page 11 left hand corner, construction audits listed under the first big bullet point is 2014 transportation. is that the same -- >> same. >> good. there's other stuff, is that accessible on the website like the m.t.a. capital program audit? i like to see that? >> we're not yet done with it. >> i'll wait. >> we'll be more than happy to fit everyone on our distribution list so you'll automatically receive our audits. we'll work to get everyone email address to make insure that happens. thank you. >> i have a question for peg. page 6, the lincoln homeless clients with benefits. i think this is a great idea to educate and walk through these clients and i noticed that some of the benefits that we're providing would not be reimbursed if the client is not registered with med cal. some way you found a we to deliver services at reduced cost. you call this a pilot. ob

. >> it doesn't say substantive rule or standard but a change but that is a nonsense under your view. >> but we think in substance. i'm serious what it refers to the non- form it is meaningful but beyond that the words used in this section refer to regulations manual instructions with a distinguishing regulation from the subsequent things. >> again, there is a lot of words but i think you do agree congress uses that word into different senses? . >> we think substantive changes different from substantive legaln standard and i'm sorry i forgot the third thing you asked. >> statement of policy because that is hanging me up also. >> again frankly that is an artifact of the house version of the bill if you go back to page 34 no rule requirement or statement of policy what may have a significant effect it is possible or that interpretive rule could have a significantic effect on the interpretation. >> you are agreeing it is incoherent i as written but it was not as written? because the statement of policy? . >> yes. but it does serve the purpose justice breyer identified t we don't care wha

under the committee's jurisdiction.d have taken on important issues on behalf of consumers, investors, and vulnerable families. so i consider it a privilege to hold the gavel and i'm looking forward to working with my colleagues on the committee under many critical issues. we are responsible for. now, given the current circumstances in washington i would first like to address the shutdown. and its impact on the important programs under the financial services jurisdiction. we are now in the midst of the longest government shut down in history. all because this president is throwing a tantrum about a senseless border wall. the trunk shut down is harming hard-working americans and our financial markets. the shutdown is all but closed the doors of the securities and exchange commission which is wall street's cop on the block. as a result of the shutdown the fcc is unable to carry out most enforcement actions against bad actors. distance is planning to enter this stock market for the first time through an initial public offe

under these conditions, mr. president, the package presented by the house's new democratic leaders yesterday can only be seen as a time-wasting act of political posturing. it does not carry the support of the president. in fact, the administration indicated yesterday the president would actually veto it, and it cannot earn the support of 60 of my colleagues over here in the senate. my friends across the aisle understand the ground rules perfectly well. they know that a solution will need to be palatable to house democrats and senate republicans alike. they know that making laws takes a presidential signature. we all learned that in grade school. in fact, the democratic leader himself insisted, quote, the president must publicly support and say he will sign an agreement before it gets a vote in either chamber. that's the democratic leader that said that. so everyone understands what we need to move forward and successfully make policy instead of simply staging political theater. everyone should understand just ho

it doesn't exist under trump. those offices have been closed, so i would say the first thing is tell congress, tell your congressmembers to hold hearings on why those offices have been closed, why the state department has been taken apart, so that it cannot do its job, and this is a critical role for the state department. closing guantanamo is critical for the state department in terms of just a matter of foreign relations, so i would say that, and then as laura mentioned, when the ndaa comes up, there are some very important provisions that congress needs. obama couldn't close guantanamo ultimately because congress made it impossible so congress needs to lift -- >> wrong. >> well, in part -- >> no, he had the authority and he just didn't do it. >> you can respond, but -- [ applause ] >> that is a myth people say. it's absolutely wrong. >> it's still very important for congress to lift the transfer restrictions on transfer to the united states. it's the last thing i want to say, so that the next president can clos

this has been this mystery case under wraps.ike you pointed out, it's still very much a mystery in terms of what company this is. all right, jessica schneider, thank you so much for that. we do appreciate it and happy new year to you. and "the lead" with jake tapper starts right now. >>> everyone in d.c. is talking about romney taking on trump. romney is here for his first national interview as senator-elect romney. "the lead" starts right now. >>> putting up his mitts. senator-elect romney unloading on president trump, saying he's not what presidents should be made. is romney the new leader of the republican resistance? we'll ask the incoming senator in our live interview, coming up. >>> with hundreds of thousands of americans beginning 2019 without a paycheck, president trump huddling with his cabinet and inviting congressional leaders to the white house. is it a reality show or a real negotiation? >>> plus, forget 2019. bring on 2020. elizabeth warren, joe bide

he said fans could get their free tickets at under armour's pop-up store. when people showed up, no one was at the store. the tickets will be distributed at noon tomorrow with high school and college students getting priority. >>> trump met with congressional leaders on day 12 of the partial government shut down. there is no sign of a breakthrough as the president is holding firm on his demand for money for a border wall. democrats take control of the house tomorrow and will introduce legislation to open the government. >>> you are watching ktvu fox2 news at 6:30. as the shutdown drags on, the effects are starting to become visible with trash piling up on federal parkland. >> we went to the lance lynn trail in san francisco where natural beauty is being compromised and visitors are not happy about that. >> reporter: visitors from around the world come here for one of the most breathtaking views of the pacific ocean. >> we love lands and. the nature and we love to look for the whales, birds, and have a beautiful hike. >> reporter: with the trail being part o

guest: what happens is under the 76 act, presidents every year have to renew the emergency. in a sense, when george w. bush signed a national order and declared an emergency after 9/11, he continued every year to renew it. barack obama renewed it, president trump has renewed it. year after year, it gets renewed. congress could step in theoretically but has never done it. a lot of experts who look at act which was6 designed as part of these to reinergate reforms in presidential power, it has failed. not just 130ceded plus provisions that a president can activate, but also provided no effective oversight for what constitutes a national emergency. host: walk us through the process. if tomorrow, the president declares a national emergency to begin construction, we would he get the money from? what would the courts do and what could congress to? guest: we are in uncharted waters. this would be the president saying in a battle with congress saying i cannot get this done, therefore i am going to do an end-run around congress. there would be a national emergency and he would attempt

a lot of that is under regulation. a lot of the stuff you are talking about is this drug or treatment covered to thousands of people, through national coverage determination, local determination and those are adjudications, where the agency gets the medicare claim and that is there is a rule on it, is this drug covered? >> any idea why this is gone through the rule making notice? >> they tried. they do this through notice and comment rulemaking. >> i remember that 2013 but -- >> they did the proposed rulemaking in 2003 which said we want to codify our long-standing policy of practice from the medicare fraction that is our position of how to do this. than they did at 180 ° turn but no notice and comment and issued the final rule, the dc circuit, that is a logical outlook of failure, and you flip the long-standing policy without any notice and comment. they get rejected because of the defect in that process, they then came and did the 2013 rulemaking you are talking about and that will only apply prospect of lee. they we

there is another mechanism under the law. congress could act, i know the bar is high, but what do you think about that possibility if the president would issue a declaration, congress' role? >> congress could act. congress under the national emergencies act, congress can pass a joint resolution to end the state of emergency. also pointed out before that would need the president's sig co sigture so in order to turn that into law, congress would need a veto-proof majority. there are expedited procedures at least for that. it would get a vote. it would move fairly quickly. so those are positive aspects, and i think it's worth doing, even if there's no chance that it's ever going to become law, it is worth doing. it would be such a powerful statement for congress to take a vote for the house to potentially pass legislation to terminate a state of emergency because that has never been done since the passage of the national emergencies act. and i actually wanted to ask one question of bill, because it was a question i was thinking

target practice under the eyes of president nicolas maduro it took place of foreign power. in two thousand and seventeen a group of soldiers rose up against the government this time it was about showing loyalty. are you plotting a coup. or are you constitutionalists. traitors never always loyal. to their. murderous sees the hand of western governments behind opposition protests he says they're trying to overthrow him he knows the military is key to staying in power the opposition leader wanted wydow is trying to convince the military to join his side following a church service for victims of violent street clashes he made a direct appeal to. the venezuelan soldiers i'm talking to you this is the moment to be on the constitution side. don't be afraid no doubt about the. supporters are spreading out across the country going to army barracks to spread the word quite oh has proposed an amnesty i thought it would be good to convince venezuelan soldiers to join the opposition. none of the soldiers wants to be seen switching sides on camera one says that the military is still firm

>> thanks to riley's letter, under armour now offers the shoes to girls. her parents decided to wait until christmas to give her the actual pair of shoes, which went on sale in mid-december so everyone can get them now. >> happy christmas. those are pretty cool shoes. >> they are cool. >>> it's time to check with traffic and weather together this morning. and it is literally freezing. literally freezing. >> it's cold. >> we've had some frosty conditions. we've seen this. it's kind of been due to a ridge of high pressure but it's been keeping our skies clear. we've had a lot of sunshine. >> it's still cold. >> it hasn't done much to warm us up, i suppose. marcus, be careful what you wish for because we have big changes on the way. i don't know if you'll like the changes on the way. clear skies right now. san jose, 35 degrees. take a look at how everyone else is faring this morning. 3 31 degrees in santa rosa. our temperatures into the afternoon, we're not expected to warm up by much. here's your concord trend. today we might get a little more cloud cove cou

it originally operated under golden west bakery. it was known for it's quality selection of traditional german cakes and pastries. mr. schubert's retired in the 1940s and sold the bakery. the new owner moved it to a larger space at 521 clement street in the inner richmond district. in 1995 schubert's were purchased by fourth generation bakers and honored the legacy by combining old world techniques and produce the favorite sweets among them are the neapolitan cakes which date back to 1913 as well as modern favorites such as swedish princess cakes and mango mousse cakes. the current owners are ralph and valerie wenslow. all three businesses received a positive recommendation from the historic preservation commission. after reviewing the applications and the recommendation from h.p.c., staff finds the businesses have met the three criteria to qualify for listing on the business legacy. there are three considerations for the small business commission one for each of the registry applicants. note a motion in support should be a motion i

>> they do have to -- under encino motor cars they are under the obligation to consider reliance interests especially when -- >> you will agree with what i'm saying? >> yes. because they -- because -- >> so there's nothing basically nothing they can do? >> no. if they consider reliance interests they certainly -- we are not taking the position that they cannot rescind this program. >> they have to consider reliance interest but the daca memorandum itself says it creates no rights. so you're saying it creates a reliance. it creates a right that's based upon reliance? >> the plaintiffs and hundreds of thousands of other individuals who are daca recipients participated in this program because -- and relied on this program yes, the government did say that they were -- >> the memo laid out a winding down procedure. does that suggest that they took into account reliance interest? because they came up with ways to try to address that? >> no, it doesn't because actually in attorney general sessions' letter he explains that this is for the convenience of the department of homeland security. further