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Would have standing? >> when you talk about shifting money for projects that have already been dedicated, perhaps, to contractors or money that's not going to the police where it was -- place where it was originally designed, moved over to building a wall, those people could have standing. people whose property would be affected could have standing. it will be a real issue, whether the congress has standing. typically speaking they don't have standing in these scenarios. but i am certain, i am assured they will find somebody that has the standing to file the suit to get it before the court. >>...

Courts are reluctant to substitute their own judgment for the judgment given by law to the executive branch of government in the president. >> shepard: bob bianchi, thank you. a live look at the dow having another good day, up about 1.1% as you can see, upper left there. the dow stocks surging, 260 points, of the dow 30, 28 in the green today. fox business network jerry willis live at the new york stock exchange. up day is a good day. >> but we were down for a nanosecond, but now up, reports that negotiations on trade between china and the u.s. going well, narrowing the differences, what we're...

Projects that were supposed to be dedicated for here. but if it's a national emergency they can use the money for over here. that's what the trump team is going to do. i found it very curious, all of a sudden we started getting away from the idea of concrete walls and started calling them slats and fences. that's parroting language in some of the laws that give the president authority to be able to move that money around. drug smugglers and gangs and human trafficking and terrorists they're creating the reason why he can say it's a national emergency. of course those on the other side are goin...

G.w. university's program on extremism, clark wrote, i am looking to get a position teaching english to students in the islamic state. i was born and raised in the united states and have always loved teaching others and learning from others as well. my work background is largely in english and i consider working at the university of mosul to be a great way of continuing my career. warren christopher clark comes from a middle class, church-going family with ties to the military according to his friends. he converted to islam in 2004 and friends say became radicalized on the internet according t...

>> he didn't rule it out. but democrats are already vowing to fight this in court and in congress if president trump does decide to declare a national emergency tonight, or at any other point in an effort to try to end the shutdown. >> shepard: kristin fisher live, thank you. let's get the legalese of this, bob bianci, is an attorney, former prosecutors. emergency? national emergency? humanitarian crisis? democrats say there's no evidence. but if he declares an emergency the courts will decide, is this how it works? >> eventually it'll get filed with the courtship. the congress has given so mu...