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Confident the president is within his constitutional parameters to do what he did. if you disagree take a different approach to raising your concerns. the lawsuit now has given an injunction. the court did not rule unconstitutional but pause for a moment. that's an out, and let's pass full funding for the department of homeland security in the backdrop of these enormous challenges that we have jose. >> yeah because, look even if the judge in texas takes apparently today was the first day he said he was going to even look at the white house's request. say it goes then to the court of appeals in...

Remember the jobs number this friday, we should continue to see wage gains, and that should also pull up consumer spending as well. so let's hope it continues. back over to you. >> and mandy, how's the patrol petroleum situation? >> the petroleum situation? always sticky at the top. even though you know wti as in crude prices kind of sort of been stabilizing around a range, right? but gasoline prices you know naturally they rise and then takes a little while for them to fall. what we call sticky at the top. >> cnbc's mandy drury. thanks. great to see you. >> thank you. of course, keep ing ai...

It goes down to the wire, and there is no possibility of any compromise, it doesn't -- it's not only that it's going to shut down this friday but there's no future possibilities? >> right. and they have to work on that. if it shuts down that increases pressure, you can imagine. a lot of conservative republicans, these ten members leading the charge on this they got the wrong message from the last shutdown. they saw gains in 2014 after they shut down the government. after being told that oh the political sky is falling for republicans. but as we know 2016 is a very different electorate. why you...

Investigation going on in every single state. that means all 50 states. what is happening now is that the republicans -- the republicans. let me be very clear -- in the house, are forbidding homeland security secretary johnson from the approach of fighting terrorism. the soft touch, which we spoke of at at counterterrorism meeting i attended at the white house a few weeks ago, but also ensuring that our border patrol agents customs in border protection, the faa which has, we have oversight over the i.c.e. office the fbi in terms of its coordination with the department of homeland security all ...

Looking for help from fellow leaders in the house and senate calling for the bill to go to conference to hammer out differences. the senate votes on that question later today but harry reid's spokesperson says the minority leader isn't interested. the senator cleared on the fact there will be no conference. that seems to put us right back where we started with a group of house conservatives determineded to use dhs funding as a leverage to derail president obama's immigration action but getting plenty of pushback even from inside their own party. >> there's a wing within the congress which is a...