counsel has been manifested for the air force one flight. wondered why he'd need a lawyer for the trip. state of emergency gets kicked immediately to the courts. the president's able to say to his base look at me, i declared this a state of emergency after all. senate votes, government reopened by the weekend. your thoughts. >> at this point talking to white house officials tonight it is true the new white house counsel will be traveling with the president to the border. at the same time the debate inside of the west wing remains active about whether the president will choose to declare a national emergency in order to take unilateral action. working with the white house counsel and others, he's trying to explore other options. why is that? because he's been advised that if he does declare a national emergency not only will it be challenged in the courts but many conservatives in the republican party will question this use of executive power. so you're right, brian. based on my reporting, he's looking for an out. he's looking for a way to signal to the base he's going to the brink. but he's not yet totally certain