At. Brian kelly. Theres a lot more to your introduction but i cut it off. [laughter] jessica eight hours of radio. Not enough time. Melissa lets get right to it. The white house releasing this picture of President Trump signing the National Emergency declaration today. The president using his executive powers to obtain billions for construction of a border ball, calling it an urgent problem that needs to finally be addressed. The top Democratic Leaders in Congress Releasing a statement calling this a power grab, and fighting it in the courts. It allowed the president to continue to fight for the wall while averting other personal Government Shutdown. Watch this. We are going to be signing today and registering a National Emergency. Because we have an invasion of drugs, an invasion of gangs, and invasion of people, and its acceptable. By signing the National Emergency, something signed many times by other president s. Nobody has done the job that we have ever done. Nobody has done the job that weve done at the border. Melissa a fox news poll finding 56 oppose President Trump congress and declaring an emergency to build the wall. With 38 in favor. Chief Congressional Correspondent mike emanuels life on capitol hill with the latest. Mica . Melissa, good afternoon. White house officials tell fox news here is how they intend to round up money to build the border barricade. 1. 375 billion in the appropriations bill that Congress Just passed. 600 million for the Treasury Department forfeiture fund, 2. 5 billion from the Defense Department in terms of reprogramming, and 3. 5 billion from the military construction budget. President trump says he recognizes this action will get tied up in the courts. We will have a National Emergency, then we will be sued, they wills he was in the ninth circuit even though it should be there. And we will possibly get a bad ruling. Then another bad ruling. And then we will end up in the Supreme Court. And hopefully we will get a fair shake. And we will win in the Supreme Court, just like the ban. They sued us in the ninth circuit and we lost, and then we lost in the appellate division. And then we went to the Supreme Court and we won. A republican senator who helped negotiate the appropriations package isnt sold on this maneuver. Ive been very clear about my concerns of the president declaring this as an emergency in ways that havent been done before, and that is still my view. But lets see exactly what he tries to do and how he tries to do it. And then we will see where it goes from there. But Majority Leader Mitch Mcconnell says he will support this National Emergency, and some of President Trumps closest allies here like South Carolina republican senator Lindsey Graham says he understands the president frustration. We have these three weeks to see we could find a compromise. My hope was we could give president has numbers and do something about tps and daca. That ship never appeared and it was very disappointing. You send troops to the border, which obama did. Bush did it. Trump has done it. Why cant they erect barriers why they are there . I think he has all the Legal Authority in the world to do this, and i will stand behind him. Others suggest lawmakers will regret this precedent. No one is putting this in the column of National Emergencies. If that were to happen, it would be, i think, a very serious mistake. It would be opening the doors for future president s to come in willynilly and declare National Emergencies just because their priority project was not approved. In fact, some suggest a future democratic president could declare a National Emergency on health care, climate change, or gun violence. Melissa . Melissa mike emanuel, thank you so much for that. Brian, i want to start with you. To be clear, the white house laid out these various pots of money that they are looking to for the wall. There is the 1. 375 billion from this deal, which has a lot of handcuffs on it. There is 2. 5 billion from the pentagons drug interdiction initiative. 600 million from the treasury drug forfeiture program. Its only that 3. 5 billion from the pentagons military construction fund. That is the only piece of this up to 8 billion is the total that the only piece that comes from declaring this National Emergency. Was it necessary . Brian the reporting this this together for the last three months, and they didnt know what was going to happen. You have to understand one thing hes not just trying to fulfill a campaign promise. He believes it is an emergency. He could do sony and by default, given that. But im on a lie detector test, it would come out the same way. He believes it. He deals with Law Enforcement and coming to that conclusion. If you see their point and sound bites of the last few days, if these people are saying that they dont care about politics, they are saying, we need help. We need the barrier. It actually is effective. The reason why more drugs come through the ports is because thats where they have the most sensors and monitors. Thats why they are picking up most of it. To me, there been 58 times there is been used by president since jimmy carter. We will test the limitations of the power of the present. I can understand the reservations. One thing is that the gun analogy doesnt work. Thats the second amendment, thats a right. But when you talk about other areas, may be down the pike that will be declared emergency, maybe if they are an emergency they should be declare this way. This congress cant do anything effectively. Melissa heres the other side. And the other situations where you read appropriate funds werem somewhere else, it does violate the constitution because congress has the power of the purse. The president does not. Elizabeth that is the argument pray thats why five republicans oppose it, including susan comments. Tom tillotson marco rubio. Heres the thing , yes, he has the Statutory Authority to do this. To use reprogram money. You see it in the 76 Emergencies Act. It says he does have the power, without regard to the provision to do this. The gao supports this, 2006 secure fence act supports this. There is language existing that he can do this. Representative mo brooks is saying, how many more dead americans do you need for this to be declared a National Emergency . We had it for swine flu, the sierra leone diamonds. We know that president obama got money for obamacare. Brian and he was sued, and loss. This will be a war of attrition in the courts, though. The Emergencies Act for the president s power. The issue remains is it a crisis . Yes. Are people being harmed by it . Are americans being harmed by it . Yes. I think thats where the focus should go. We want the president denies this is grading precedent. These are his words. I will get your response, jessica. The people that say it creates precedent . What do you have come a 56, or a lot of times . That is creating precedent. Thats far more important than having aborted. You dont have a border, you dont have a country. Melissa Lindsey Graham made the point, too, the democrats could have made a deal if they wanted to trade for daca. Its been interesting to me, the past couple weeks. Given her democrats say a word about wanting to help people who are trying to get permanent status here. They could have traded for that. Jessica thats because they believe they can get a clean bill there. And nancy pelosi has said that since the beginning, that she wants a clean bill for dreamers. That we are going to be looking at car brands of immigration reform. We have the new candidates for president talking about that, lick him equal bishara did with bret baier. Theres a distinction to be made here between an emergency and having a wall. There are people who say that a border wall would help us. Congressman will heard, who represents 42 of the space there. He says we dont need a wall. With the present is doing is transferring a licorice emergency which may be i believe this thing. I believe in you, brian, that he believes this is true. For you to say hes been president. He was having a majority in both houses and didnt do anything since the beginning. Since he came down that golden escalator and change all their lives. It seems ridiculous. Patently false. If its an emergency, it should have been declared an emergency years ago. The numbers have not changed, actually, when you look at the statistics going back over the last 20 years. It should of gotten dramatically better. Elizabeth if you said that to a family, they would say yes. Jessica doesnt mean you circumvent the constitution. He set a precedent elizabeth i dont know what a crisis is, then. Lisa a clean deal for daca would be insanity, because you are encouraging and incentivizing illegal activity. Further illegal activity on the southern border. That is a nonstarter and its just not its kind of a dumb idea, just to be honest. Secondly. Jessica thank you. Speech here that was nancy pelosi, not you. Jessica i just said that on her behalf. Lisa oh, stop. You had people apprehended on the border last year. Its fair to say there is a crisis here in dealing with your activity on the southern border. I worry for the present, foam up political standpoint. Because i believe hes on solid footing when he talks about law order. I think the conversation around immigration over the past few weeks has been illuminating in the sense when youve had democrats and brings lawlessness. They brought Illegal Immigrants to the state of the union. Youve had bob menendez think its not criminal to cross the border and documented. Of course it is. You have democrats that want to get rid of or reduce the numbers of detention beds, forcing i. C. E. To release criminal aliens in this country and not be able to apprehend that. Democrats have embraced lawlessness in this country, that is a strong argument for President Trump. But now the focus is going to be on the wall, as opposed to him being trying to strongly make that argument and make it clear. Melissa brian, let me ask you Andy Mccarthy was on making the point that president obama, when he was looking for the money to put on the pallets to give to the iranians, he pulled from the judgment fund. They were quieter ways to go around what was happening with congress, and find the money for this. Without declaring a National Emergency. Baking the courts to stop you. That he could have done what president obama did, to get money. When he couldnt get out of congress. What do you think of that . Brian that this is very sophisticated, subtle way of doing this. I dont know if youve noticed this president doesnt do subtle well. He doesnt want people accusing him of, what are you doing when you took that money and repurpose a customer why didnt utility but a customer adam schiff. These are the people ive dealt with. I will say this all they had to do is be more reasonable in the negotiation. To give 1. 3 billion and have all these tags to it. Cant do it in rio grande city, you couldnt go into texas, had to do with the individual merits. You cant put a fence near the National Butterfly park. The historical park. It can only go in one direction, one way, and it got to get permission from all these matters. So this is not a legitimate melissa to think of the democrats want to . They were antagonizing him into making this move. Brian to think he was thinking that far ahead . Jessica doesnt matter what that means . Republicans crated this as well. They have three coequal branches of government. The president is not a despot. Hes not an autocrat. He has to work with congress. Thats why we send these people to washington, to ask them to check on him. Because thats what he gets. Brian what happens as part of the negotiation is saying, is that we are going to do . This is what im going to do. Nancy pelosi needed to negotiate pair that was her choice. Nobody thought jessica but she gave him 1. 6 billion. Speech whoever the democrats . Elizabeth there are cities in mexico that have higher homicide rates per capita than the middle east. Brian didnt care about butterflies. Speech of the democrats were silent about doctor. He said he didnt have the authority to do it. The devil caps on of police speak from. It is much stronger talking about law order as opposed to talking about this National Emergency democrats declaratio. The waters are muddied. Not all are public and serve with him. Independents might not become a democrat truly ardent. Speed when he tweeted about how he overstepped his authority. B3 theres always a treat. Melissa for everything. [laughter] all right, new fallout over former acting fbi director Andrew Mccabe claiming an interview that doj officials were serious, not sarcastic, when they discussed possibly removing President Trump from office. Note lawmakers want them to testify what he says about the departments action for the president. Plus, democrats divided as amazon scraps plans to build a new york city headquarters. Some anger at the loss of thousands of new highpaying jobs, but congresswoman alexandria kazu cortez and 2020 candidate Elizabeth Warren are celebrating those lost jobs. Local Business Owners are left to pick up the pieces. Go down to the actual site and see basically what we are left with now. Just turn your cameras that way to the parking lot. The bombed out cars in our neighborhood. This is not shangrila over here. We need this over here. We needed this. Fact is, every Insurance Company hopes you drive safely. But allstate helps you. With drivewise. Feedback that helps you drive safer. 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New york city mayor bill de blasio blasting amazon for canceling plans to build the Second Headquarters in new york city with as many as 25,000 new jobs. Goodbye the plantar local opposition over billions in tax incentives for amazon. Now democrats are deeply divided over the deals collapse. New York Governor Andrew Cuomo blaming democraticcontrolled state senate, writing a small group of politicians put their own narrow political interests above their community. The States Economic future and the best interest of the people in their state. The the new York State Senate hs done tremendous damage and they should be held accountable for this lost economic opportunity. But congressman alexandria ocasiocortez tweeted. Anything is possible today a group of every day new yorkers and their neighbors defeated amazons corporate greed, its worker explication, and the power of the richest man in the world. And 2020 hopeful senator Elizabeth Warren tweeting, amazon, one of the wealthiest companies on the planet, just walked away from billions in taxpayer bribes, all because some elected officials in new york arent sucking up to them enough. How long will be allowed giant corporations to hold our democracy hostage . But some local Business Owners are not so happy. Take a look. Business in queens come everybody. We are closer business here. Dont bring your big business here, because