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Eastern. right now, here's melissa francis in for harris. >> melissa: fox news alert, the first major legal challenge to president trump's emergency declaration is here. 16 states, led by california, accusing the president of an unconstitutional use of executive power. let's get to "outnumbered overtime." i'm melissa francis in today for harris faulkner. attorneys general for all parts of the country making their case against the president, denouncing his controversial method to fund the portable. >> the responsibility to determine where our taxpayer dollars go is congress' responsibility. don...

Unconstitutionally undermine the capacity of the executive branch to perform its assigned functions. page after page after page saying a sitting united states president cannot be indicted. now my question is this. if they issue another memo out there at the justice department reversing these memos? no! no. mr. rosenstein, you are the deputy attorney general of united states. you've been overseeing robert mueller. you tell the president of the united states last week that he's not a criminal target. he can't be a criminal target under the memoranda that have been written by the justice departme...

I don't really enjoy it. i've known him for 30 years. here's the problem. the deputy attorney general is out of control. the president of the united states has his shoulders branch of the wall. as the job of the attorney general to control the deputy attorney general. the attorney general was confirmed by the senate. he's a presidential appointee. this is what our constitution requires. an inferior officer cannot usurp the power of the attorney general as mr. rosenstein has done. i'm going to tell you something, there's a case that has been taking place in the paul manafort case. they went int...

I've known him for 30 years. here's the problem. the deputy attorney general is out of control. the president of the united states has his shoulders pinned to the wall.de it's the job of the attorney general to control the deputy attorney general. the deputy attorney general of the united states is usurping the powers of the attorney general! the attorney general was confirmed by the senate! he's a presidential appointee. this is what our constitution requires. an inferior officer cannot usurp the power of the attorney general as mr. rosenstein has done!al i'm going to tell you something, ther...

Capacity of the executive branch to perform its assigned functions. page after page after page saying a sitting united states president cannot be indicted! now my question is this! did they issue another memo out there at the justice department. reversing these memos? no! no! mr. rosenstein, you are the deputy attorney general of united states! you've been overseeing robert mueller! you tell the president of the united states last week that he's not a criminal target! damn it! he can't be a criminal target under the memoranda that have been written by the justice department! moreover!us justic...