rejected funding for the particular project that the president is advocating and in saying just the other day that he didn't really need to do this, he just wanted to do it because it would help things go faster, he's pretty much daring the court to strike this down. >> he's talking about the legal challenges to the emergency declaration. some have already been filed that even the president predicts will probably need the supreme court's involvement. one of trump's closest advisers says he's not worried. >> will the president veto that which would be the first veto of his presidency? >> obviously the president is going to protect his national emergency declaration and i know that we're out of time but i want to make this point. >> so yes he will veto. >> he's going to protect his national emergency declaration guaranteed. >> sarah westwood is in west palm beach, florida. how do people in the administration plan to fight for the president's plan. >> officials say this emergency declaration was crafted with these expected legal and congressional challenges in mind but these legal battles could delay the ability to access the roughly $6 billion he's hoping to unlock with this emergency declaration. house democrats are already preparing a resolution of disapproval to try to stop the president from using this declaration and it could find support in the senate where some already expressed discomfort that using a declaration might set. although you just heard one of the top add sivisors saying per he could keep it from moving forward. they also plan to investigate the process that lead up to the emergency declaration and there's also other road blocks that this administration could face in court. groups could sue the administration to try to challenge the constitutionality of the emergency declaration and land owners, they are expected to bring cases to try to protect their property once the administration tries to use imminent domain when it comes time to start building the wall. white house officials say they anticipated all of this was a real possibility when the president moved forward with the national emergency declaration but remember that the president was underpressure from allies to at least have the ability to claim that he was pushing for additional federal funds to avoid the perception that he caved when on friday he put his signature on a spending package that provided him less than half of the money he requested for his wall. >> all right. thank you. for more on the fall out, i want to bring in associate editor and columnist for real clear politics, cnn political commentator scott jennings and joe lockheart. he served as white house press secretary under bill clinton. stephen miller acting as a white house spokesman today. he was asked about president trump saying this. >> i could do the wall over a longer period of time. i didn't need to do this but i'd rather do it much faster. >> i didn't need to do this. how does that justify a national emergency? >> well, the president was saying that like past presidents he could choose to ignore this crisis, choose to ignore this emergency as others have, but that's not what he's going to do. >> as a former white house press secretary was steven miller effective in that answer? >> no, because that's not at all what the president said. what the president did undercut his legal position. he basically said that this isn't a crisis but i just didn't get what i wanted from congress and that's not what other presidents have used the presidential authority that they were given. they're saying the president was trying to fulfill a campaign promise. it's not. in the campaign it was i'm going to build a wall and mexico is going to pay for it. now he's asking the u.s. taxpayers to pay for it so that's a campaign promise broken. illegal immigration levels are at historical lows. this is a manufactured political crisis by a president that's sitting at about 40% job approval and we'll see what the courts do. >> this is how republican congressman jim jordan is justifying the president's emergency declaration. watch. >> can you give me an example of where a president asked for something that congress rejected and the president went ahead and said he would do it anyway? >> this wasn't a rejection because there was some money in this bill. the president said this is such a great problem, i need more money to build more wall and to fulfill the campaign promise that i told the american people i was going to do. >> do you think he speaks for the majority of republican lawmakers on that? >> there is this and the president put republicans in and they're doing a lot of complaining in private. the next couple of days and weeks are going to show that several republicans, unlike jim jordan that's from a very safe republican district and is a freedom caucus leader and urging the president to fight and shut the government down back to last summer on this issue, there's people up for re-election next year for whom this vote is going to be difficult. senators from georgia, texas, iowa, arizona, and it's going to be very difficult for them to say that the constitutionally mandated power of the purse which lies with congress can now be passed on to the executive in a precedent like this which would be set if this is upheld. over the weekend, people began to sort through the projects under military construction to see which ones would have the funds moved away in order to pay for the wall. that's going to be very difficult for republicans in the house and some districts to defend if their projects are being defunded. then you're looking at what we talked about before, imminent domain property along the border in states like texas and arizona that martha mcsally and john cornan are going to have to defend if they come under proposed sections of wall. there's so many political pressure points on this and the next couple of weeks will be very telling to see which republicans can come out and choose their constitutionally mandated separation of powers in the congress and choose president trump because they're afraid of getting challenged in their primaries. >> i know because republicans, scott, were up in arms when president obama used executive powers. some democrats argued this actually takes things a step further because it takes away congress's power of the purse. how can republicans that railed against obama like mike pence or current chief of staff nick mulvaney now go along with this? >> it's a great question because it does seem hypocritical for republicans that spent eight years attacking obama. i can't believe jim jordan couldn't think of the most obvious answer to the question. barrack obama asked them to do something for daca and he used an executive order to go around congress. it happens commonly for presidents to use their executive order and congress not to like it. emergency declare ratiations ar different. the ever expanding power of the presidency which republicans were critical of obama for doing. we'll see what happens in a vote. my suspicion is simple majorities do exist for a disapproval resolution to pass which donald trump would almost certainly veto, but the core number to watch is 34. he needs 34 out of 53 republican senators to stick with him to sustain the veto. so we'll see if he can convince 34. several republican senators expressed disapproval of this but when the rubber hits the road on a veto override vote that's when we'll know if they're willing to break with the president or not. >> we asked marco rubio if he thought there were enough to meet the super majority. he said he didn't know. trump argued in defense of this emergency declaration that he is not the first president to use these powers. we do know president clinton declared a national emergency 17 times in his administration. so how is this different? >> most were natural disasters or threats to the national security of the country. this is a direct confrontation with congress about a constitutional power for how money is appropriated. very simply, how do we spend our money, where do we spend the money and how much? so this is completely different. and you know, i don't think there's much mystery around what the republicans are doing. some of them will vote to disapprove but there aren't 34 republicans in the senate to override this veto because it's a matter of simple political math. donald trump has taken over and reformed the republican party and these guys are all afraid, not of democrats, they're afraid of getting primaried earlier on. senator mcconnell that i think scott worked for, three or four weeks ago said this shouldn't be done, it's wrong. he railed against obama doing it. then he wakes up and says now i'm for it. >> the majority of americans disagree with this move. why does president trump continue to just listen to his base and not the majority of americans? >> that i don't know. because in order to be reelected next year he's going to need more than his political base. he's going to need some of the middle. he had them by 12 points in 2016. he lost them in 2018 and that's a 24 point swing and your base does not make a majority. and will turn out likely a record next year but he seems to think that no matter what happens to the senators next year, if he declares an emergency and continues to remain on offense on the wall, that it will help him win senators in his own party. >> thank you for joining us. nikki haley is proving hard to replace. the president's top pick to fill the position pulled her name from consideration this weekend. a former fox news anchor, she faced controversies involving a nanny she hired and a 2009 fox special she hosted featuring anti-muslim activists. what happened with nauert and who might be next on the list? >> for a long time we have been asking why has heather nauert's nomination not be sent to the senate. where's all the paperwork? from our sources we knew that was a big question mark. some thought it was odd. some told us that there were some concerns over her qualifications. there were other concerns about how tough it would be to get her nomination through the senate. but there were so many other people that the white house was expected to nominate that also didn't have their paperwork done yet that they thought maybe it was just based on the delay and suddenly last night we get this announcement coming from the state department and including a quote from heather nauert that she was with drawing from consideration. she said the last several months have been grueling for her family so she's going to spend more time with her family. the secretary of state indicated in the statement that not only was she pulling herself from consideration of u.s. ambassador to the un but she is leaving the state department all together where she served as spokesperson and also undersecretary for public diplomacy for a period of time. so there was that situation there and then of course since then through sources it has emerged that she had a big nanny problem. when she first was confirmed as state department spokesperson, according to the sources, she didn't mention that she had hired a foreign nanny that was legal to be in the united states but not legal to work and there were taxes that were not paid but these sources say she did bring it up for this more stringent background check process leading up to what was supposed to be her nomination to be u.n. ambassador. so that's one of the issues here but again sources tell us that there were multiple things that people on the hill and others consider pretty strong for her ultimately being confirmed for this position. we don't know yet who the president will nominate but we're hearing the similar names that were out there the first time around. like currently u.s. ambassador to france, former business person, former co-owner of the l.a. dodgers as well as kelly who is now ambassador to canada. a business woman that's married to a billionaire coal mining executive. >> keep us posted. thanks. lawyers for actor jussi jussie smollett are responding to reports that police have evidence he staged his own attack. plus the president described illegal immigrants as criminals, rapists and an infestation. you might be surprised to learn that the trump organization hired dozens of illegal immigran immigrants. that author joins me live in the cnn newsroom. ♪ t-mobile will do the math for you. join t-mobile and get two phones plus two unlimited plans for just one hundred bucks a month. you might or joints.hing for your heart... but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. that's where i feel normal. having an annuity tells me my retirement is protected. learn more at retire your risk dot org. 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>> the attackers but it's also the attacks. it's like, you know, at first, it was a thing of like, listen, if i tell the truth, then that's it because it's the truth. then it became a thing of like, oh, how can you doubt that? how do you not believe that? it's the truth. and then it became a thing of like, oh, it's not necessarily that you don't believe that this is the truth. you don't even want to see the truth. >> cnn's ryan young has been breaking the latest developments for us. you just got new information about the investigation. tell us about it. >> yeah, we continue to work this story. according to a source familiar with the investigation, detectives have now obtained and are examining the cell phones of the two brothers that they suspect that smollett paid to orchestrate the attack. so if you think about that, they now have the phones of the two men. they're going to go through it and will probably be able to trace back certain messages between all three of the men. a very interesting development. >> so what are his lawyers now saying about this? >> yeah, it's interesting. in a statement to cnn that was released last night, smollett's attorneys wrote as a victim of a hate crime that has cooperated with the investigation he is angered and devastated by reports that the perpetrators are individuals he is familiar with. he has now been further victimized by claims that say jussie played a role in his own attack. nothing is further from the truth and anyone claiming otherwise is lying. so you can see that strong statement from the attorney. you think about this, 12 detectives still currently working this case. now they have the brothers that are talking with them. they have the phone that we have been able to talk about now as well. they put all of this together. they believe the men also by their financial reports purchased the rope. all of this is sort of being a domino effect. they want to talk to jussie again to see where he stands with this investigation and obviously the brothers have been talking so it will be interesting to see what detectives have been able to get to them and what the actor can say against what they say as well. so many twists and turns in this. >> oh, my, where will it go next? 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...now that's simple, easy, awesome. customize each line by paying for data by the gig or get unlimited. and now get $200 back when you buy and eligible smartphone. click, call, or visit a store today. >> in venezuela people are struggling to find basic necessities as the humanitarian crisis grows worse. crucial aid is across the border but maduro is refusing to let it in. senator marco rubio is in columbia with the aid shipments there and i spoke to him earlier about the situation that venezuelans are facing. >> the aid is going to get through and i think ultimately the question is whether it gets through in a way that he is cooperative or a way that he's not. but there's no way that you'll stand in the way of a people whose children are starving to death, whose families are dying in hospitals because of preventable diseases and they don't have the medicine for it. tactics are something that i'm not going to publicly announce to allow the regime and their allies to make efforts to block it but imagine for a moment if you're a member of the national guard or the venezuelan military, your own family is hungry. your own family is starving. your own relatives are dying because they can't get dialysis of hiv medications and you're going to follow an order to block that from reaching the people? the bigger threat is the criminal bands he's empowered. if there's violence next week and people are responsible for it and every single one of them will pay a price, they will face justice or spend the rest of their lives worried about justice catching up to them. >> some of the most vulnerable in that country are the patients in decaying hospitals in venezuela's capital. food and drugs now running dangerously short, simply because the government of president maduro refuses to accept that it needs help and won't admit it has failed. >> a failed economy now being crippled by american sanctions has starved hospitals of drugs and the very necessity of life itself, food. like us it's smuggled in by volunteers. if the government got ahold of the supplies these aid workers believe they would be stolen and sold on the black market. she lives on a ventilator. incredibly venezuela's president closed the country to foreign aid. >> the government refuses to take it. that means the government admits that it's failed. >> she is six and she has a tumor in her neck. she is terminally ill and there's no cancer drugs to buy her a little extra time. it's her mother getting treatment today. she fainted from lack of food when she arrived at the hospital. now she is recovering on a drip. it's just saline solution. so this handout is just in time. in every room here small donations are welcome. staff here tell us that only 3 of 18 operating theaters are working. that this is the only pediatric surgical unit left in the capital and that 500 children are on its waiting list. one doctor quickly writes a shopping list of desperately needed supplies. she can't show her face for fear of being punished for doing this. the u.s. and many other nations blame president maduro for this and they support his rival. u.s.-lead efforts to cutoff his access to foreign currency are intended to drive him from power. that might work eventually. in the meantime, it can only deepen the suffering. >> meantime, in haiti a pause in the violence in the deadly demonstrations there. they're struggling to find basic necessities and food, water and fuel. many missionaries and nurses are still trapped in the country as roads remain blocked. hospitals are struggling to provide care without the essentials like medicine and equipment. the entire police force remains activated. he joins us now from the capital. what are you seeing on the ground there today? >> it's different today. things are calm it seems. people waiting to see what the government is going to do. the prime minister speaking on national television saying he wants an investigation into this widespread corruption. specifically this fund. this was venezuelan money given to -- or oil given to countries like haiti. there were billions of dollars over a decade or more that the country was able to make from this. many have gone misspent and misused from that money. part of it going to the president and his company himself. that's why people want him to re-sign. they say they'll settle for nothingless but the last couple of days things have calmed down. there were nine days of protests. that's the longest most sustained period of protest. people were lighting tire fires in the streets. putting rocks out on the streets to create makeshift road blocks and then stopping anybody that came along, perhaps robbing them. it was general lawlessness. they activated the entire police force across the entire country. they have invited and asked all of the schools and universities and public administrations buildings and all the businesses to come back to work tomorrow we will have a better sense of whether haiti is beyond this current crisis and can move on but right now the prime minister seems to be in the place to make that happen. the president we heard from last week saying he will try to move things along. we try to speak to him today and his office did say in the next couple of days they'll do something to alleviate a lot of the pressure and the problems that people are feeling in getting water and food and fuel. cooking fuel and fuel for their cars. so all of that to come. we'll have to see what the hours and days bring. >> all right. thank you. president trump has described undocumented immigrants as criminals, rapists and even as an infestation. so you might be surprised to learn that a new report has found that the trump organization hired dozens of undocumented immigrants. the washington post reporter who broke the story joins us next live in the cnn newsroom. 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>> that's what we found. we met some workers or former workers, undocumented employees of the trump bedminster golf course and they put us in touch with their friends and relatives and former co-workers so we went down to costa rica to find them and it turned out they had worked at the trump golf course since it's inception. and the club opened a couple of years later. all the construction work, the grounds keeping work, much of it was done by undocumented workers from costa rica and other parts of latin america. >> did you find anyone from the trump organization knew they were hiring undocumented immigrants? did donald trump know? >> when you talk to the employees, they'll tell you their managers and their supervisors knew about this. th they told us the application process was not very rigorous. they would go by fake social security cards and green cards in the new jersey town where they lived. they would bring them to the golf course. they would not really be checked and in some cases they got into discussions with their supervisors about these documents, about the fact that they didn't have legal papers to be in the united states. so from their perspective, the trump golf course knew about this. whether it goes up to donald trump himself or eric trump that runs the business day-to-day now, that's something we don't know. >> was there any evidence that the trump organization tried not to hire undocumented immigrants? how do they explain it? >> no, i mean, there are -- there are documented immigrants who work at the golf course. a lot of the managers, even ones from latin america, you know, have documents and there's a tiered system where the supervisors, there's some mistreatment that the undocumented workers alleged particularly early on in the history of the course where they would be working very long hours. they didn't have much to stand on. they conducted a one day strike in about 2007 because they were working without sick pay out in the rain without raincoats. so there's a long history of the course of trying to get more rights and benefits that a legal worker would have. >> i want to remind viewers of what the president said during the state of the union address earlier this month. watch. >> no issue better illustrates the divide between america's working class and america's political class than illegal immigration. tolerance for illegal immigration is not compassionate it's actually very cruel. >> you decide a little bit of how some of these employees told you they were treated. you quote one person saying they treated us like slaves. was that an across the board sentiment? >> no, i don't think so. there were mixed views on that issue. it usually depended on the individual managers or supervisors. but other people really look back rather fondly on their time in new jersey working for this golf course. it helped them get a leg up in life. they saved money. they all say it was pretty difficult work but they appreciated the chance to save money and improve their lives back in costa rica. they have their houses and land and jobs and it's clear that the ability to work in the united states helped them in their small village in costa rica. >> thank you for sharing their stories with us and what you uncovered in your investigative reporting. >> thank you so much. he has dedicated his life to honor lives lost to gun violence. this time for his hometown. but first red flags on wall street this week. the information you need before the bell. >> cracks are emerging in an otherwise strong economy. the surprise decline spooked investors and raised worries about slowing growth in the united states. it wasn't the only troubling sign to emerge. the new york fed reported more americans were behind on their car loans than ever before. a record 7 million loans were at least 90 days late in the 4th quarter. these could make the earnings even more important this week. it's a barometer of consuming spending because it's so big. analysts say resolving it isn't just key for the stock market but the whole economy. >> i think he does represent the most important needle mover in the near term. not just in terms of the stock market. we see how important that is todayly action but also i think trade will ultimately define the length of runway between now and an extra session. u.s. markets are closed tomorrow for president's day. in new york. >> before the bell is brought to you by e-trade. the original place to invest online and go to cnn.com/before the bell to stay on top of the markets and sign up for the daily news letter. omotion. you should be mad at forced camaraderie. and you should be mad at tech that makes things worse. but you're not mad, because you have e*trade, who's tech makes life easier by automatically adding technical patterns on charts and helping you understand what they mean. don't get mad. get e*trade's simplified technical analysis. 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[boy gasps] [girl coughs] [boy sneezes] for real cold and flu protection you can't protect them from an imaginary cold but with lysol, you can help protect them from the real one. lysol disinfectant spray kills the #1 cause of the cold and clorox wipes don't. lysol. what it takes to protect. a public vigil today for a family and friends grieving the loss of five people killed in a workplace shooting in the chicago suburbs. loved ones paid their respects to clayton parks, russell boyer, vincent juarez, josh pinkard. police say an employee being fired from his job opened fire on his colleagues. the man who built those memorial crosses and thousands of others is an aurora carpenter and for him this shooting doesn't just hit close to home, it is home. here's cnn's scott mcclain. >> reporter: for more than two decades, 68-year-old greg zanis has been hand-making and hand-delivering comfort to grieving families across america. it's a big job that takes a lot of lumber, a lot of paint and countless nights inside of his truck. >> i'm the kind of guy that falls asleep real easy. >> reporter: it's not comfortable, but neither is the task at hand. >> most people don't want to think about these shootings until they happen on their door steps. but you live it 365. why? >> i just feel that it's making a difference. >> reporter: he's placed his wooden crosses at columbine, sandy hook, sutherland springs, texas, pulse nightclub, las vegas, parkland, florida, and that's barely scratching the surface. in total -- >> 26,579. you have no idea what i've seen in this country. >> he has seen america at its worst. yet still believes in its best. >> we're out in the country that is so full of hope. >> reporter: in every place he hears people say they never thought it could happen here. even he believed that until friday. >> i feel so dumb that i wasn't even thinking that it could happen here. i should have thought it could happen here. >> reporter: just three miles from his home in aurora, illinois, a man opened fire on his colleagues after learning he had been let go. five people were killed. the next day, zanis left five crosses bearing their names. >> my heart rate was going up, because i can't believe i'm standing on the ground here in my town doing this. that's all. and my dirt, my town. you know. it's like a nightmare. >> reporter: following each tragedy, zanis takes comfort in the fact he can get in his truck and leave. >> i put on like i'm strong, like i'm carrying the whole weight of the world on my shoulders, because i know i'm going to be in and out. >> just not this time. >> that's why i'm having such a hard time here living here, because i'm not in and out. >> reporter: this time, it's a much heavier cross to bear. scott mclean, cnn, aurora, illinois. >> bless that man. we'll be right back. i'm mildly obsessed with numbers. so, i started with the stats regarding my moderate to severe plaque psoriasis. like how humira has been prescribed to over 300,000 patients. and how many patients saw clear or almost clear skin in just 4 months - the kind of clearance that can last. humira targets and blocks a specific source of inflammation that contributes to symptoms. numbers are great. and seeing clearer skin is pretty awesome, too. that's what i call a body of proof. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. tell your doctor if you've been to areas where certain fungal infections are common and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. want more proof? ask your dermatologist about humira. this is my body of proof. (ala♪m goes off) wake up sweetie. ♪ doctor dave. see ya. ♪ here's your order. ♪ hey. applebee's to go. now that's eatin' good in the neighborhood. we know that when you're >> tspending time with thelass grandkids... ♪ music >> tech: ...every minute counts. and you don't have time for a cracked windshield. that's why at safelite, we'll show you exactly when we'll be there. with a replacement you can trust. all done sir. >> grandpa: looks great! >> tech: thanks for choosing safelite. >> grandpa: thank you! >> child: bye! >> tech: bye! saving you time... so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ colin kaepernick set off a firestorm in 2016 when he began kneeling during the national anthem before nfl games. kaepernick's protest became a lightning rod and now two-and-a-half years later he and a former teammate have reached a settlement with the league who they accused of colluding against them. in his first interview, i spoke with kaepernick's lawyer, mark geragos, who says his client absolutely wants to return to football and the league, and that it may happen soon. >> i talked to colin today. not about anything else than his desire to play. i'm going to make a bold prediction, although i've been wrong once before on this. i'm going to make a bold prediction that one of three teams picks him up. he -- >> which three teams do you think will pick him up? >> i think -- i think -- look, the natural would be cam newton is out. then the natural place to be is to play with eric in carolina. can you imagine? and you've got an owner there -- >> who they both were on the 49ers. >> they both were on the 49ers and it's the carolina -- >> panthers. >> very good. and colin kaepernick -- >> testing my sports knowledge there. >> i was testing you. >> so he wants to play in the nfl again. >> he absolutely wants to play. he wants to compete at the highest level. this is a competitive young man. sometimes i told you before we got on the air -- sometimes it's hard for me to remember. i have to kind of dial myself back. he's only 31 years old. this is not somebody who is over the hill. this is someone who is in his prime. he's very gandhi-esque, both from martin luther king and others, takes inspiration from others in being able to channel things that are thrown at him and find a serenity. he's got a great support system around him. nas nasa, who is his queen, is wonderful, a fighter, like you would not believe and a protector, a fierce protector. i think the issue was hijacked by the president. i think that people kind of cowhered in t cowered in the face of that, and there was a brave two or three voices in various spots that said, no, america is better than this. and we're going to do the right thing. i think you're going to see -- i'll make the bold prediction, you can save the tape. i think you're going to see within the next two weeks that somebody is going to step up. somebody is going to do the right thing. and you want me to predict two? i will tell you besides the panthers, it would not surprise me if bob kraft makes a move. >> oh, yeah? >> yeah. that would not surprise me. and it would not surprise me if his former coach, i'll test your knowledge -- also makes a move. it's 7:00

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