Transcripts For FOXNEWSW Cavuto Live 20190216 : comparemela.

Transcripts For FOXNEWSW Cavuto Live 20190216



investigators accountable now. amazon, local leaders lashing out. amazon is out, ditching plans for a new headquarters in new york city and taking thousands of jobs with it. are certain lawmakers really happy about this? plus, neither red nor blue. worried about your green as the nation debt now $22 trillion and counting. you wouldn't know it with another presidential election coming. is this the national emergency everyone should be watching? "cavuto live" starts right now. in a fox news alert, we are getting word police will be providing new information on that deadly workplace shooting in aurora, illinois. the gunman killing five co-workers at the henry pratt manufacturing plant before police killed him. five officers also wounded in the rampage. what are investigators learning about the suspect? a press conference will be getting under way at the top of the next hour. meanwhile, to our top story this hour. i'm charles payne in for neil cavuto. president trump is at mar-a-lago after declaring a national emergency at the border and the lawsuits are already piling up. fox news is in west palm beach with the latest. phil keating? reporter: good morning, yes. those lawsuits filed by three texas landowners as well as an environmental group all protesting this border wall construction. the white house has indicated they fully expected lawsuits and are working on preparing themselves to handle them all. here in sunny south florida today, it's going to be a high of 80, just to make you jealous, and president trump left his mar-a-lago palm beach mansion early this morning and has now arrived at trump international golf club, where he's presumably hitting the links. air force one landed last night here in west palm beach around 6:30 p.m. the president has no public events scheduled all weekend long. earlier friday at the rose garden, president trump announced he was signing the budget deal, averting another partial government shutdown. however, also declaring a national emergency over the southern border with mexico. with that, he plans to take funds from other sources to get more money for the wall than the compromise legislation gives. >> what we really want to do is simple. it's not like it's complicated. it's very simple. we want to stop drugs from coming into our country. we want to stop criminals and gangs from coming into our country. reporter: the budget deal gives about $1.4 billion for border fence construction. the administration seeks extra wall money from here. $1.37 billion from homeland security, $600 million from the treasury, $2.5 billion from the department of defense's drug program, and $3.5 billion from d.o.d. military construction budgets. democrats are wholly expected to challenge this national emergency declaration in the courts. in this joint senate tatement, this is plainly a power grab from a disappointed president who has gone outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process. another challenge can come directly from california, the state which sees the biggest imprint of illegal immigration in their state. governor gavin newsom, a democrat, yesterday calling the border wall a monument to stupidity, but back to the lawsuit filed by texas landowners, eminent domain is absolutely going to be an issue in this whole deal, and the white house via sarah huckabee sanders yesterday, said they expected these challenges and they are preparing to defend them. back to you. charles: thank you very much. national border patrol council president brandon judd has long supported whatever action the president wants to take to secure our southern border. so what does he think now? he's with us. brandon, it's on, right, president trump finally invoking the national emergency powers. what do you make of the whole thing? assess where we are at this moment. >> well, i appreciate him invoking national security but what i'm really concerned about is i'm very concerned about the budget. i'm concerned with the provisions in the budget that allows for amnesty for those individuals that are even potential sponsors or household members of potential sponsors. if history is a guide, this is going to allow more unaccompanied minors to work their way up through mexico which is very, very dangerous. it puts them in the hands of smugglers and it's going to allow more uacs to come across the border illegally. if you look at people like congressman chip roy, who was a federal prosecutor, u.s. attorney, when he says there are some serious problems with this, we have to take a look at that and we have to be very concerned. when my organization is saying there's some very serious concerns with this budget, we have to be concerned with how it's going to affect border security. charles: currently, how are the border agents handling, you know, the situation, the spotlight, and even news of additional caravans heading our way? >> our agents are doing a great job, and frankly, that is one thing that i'm very grateful to president trump for, is i'm grateful that he's given us the morale boost that we need to go out there and do our job. when i put on my uniform next week, when i go out and patrol the border, i know that i have an administration that has my back that's going to do for my agents what's necessary for us to secure the border. so from that perspective, we're doing a good job, our agents are doing a good job. we just have to get congress to actually step up and do their job. in this budget deal, the republicans got played. charles: yesterday, there was dan crenshaw, representative out of texas, who i'm sure you know, put out a tweet saying if you could snap your fingers and make the el paso border wall disappear, would you. later on, beto o'rourke, senate candidate there, was posing that same question, saying we know 600 miles of wall and fencing have not made us safer. he would, if he could, snap his fingers and remove all of that. what do you make of that? >> that's dangerous talk. beto o'rourke is flat out wrong. if you look at the areas i have patrolled where we built physical barriers, they worked, it caused illegal immigration to go down exponentially and drug smuggling to go down exponentially. if you look at what we have done, again, using history as a guide, it tells us that these physical barriers are, in fact, effective and we need more of them. again, we need about 300 more miles of primary fencing and if we can get that, we are going to do a lot better job in fact securing the border. charles: thank you very much. appreciate it. >> thank you. charles: so was this move necessary doors it set up a slippery slope? here to discuss, run for america founder david bernstein, republican strategist holly turner and fox news contributor dineen borelli. one of the headlines i saw, it changed for the most part from mainstream media was that border apprehensions are at an all-time low but i went and looked at the data and they were actually referring to 2017. i don't know how they missed 2018 which saw a 16% increase. nevertheless, the idea that this was not an emergency and that president trump also is opening the door for future democratic presidents to abuse the system. >> well, that would be full well anyway because it's president trump. no matter what he says or does. i think this was a good call for him to call for this national emergency because this is about the safety and security of americans. the stats are startling. all you have to do is visit the website of the u.s. border patrol protection and look at the numbers of the drug traffickers, human traffickers, the number of arrests that have been made, women and children who are exploited. these are serious issues that are happening on our border and the president wants to address these issues. so he had to make this move because the republicans, they had two years to do this and they failed to make a move on something that is so crucial that's happening on our borders. charles: how did this become such an issue, the idea, the notion that a sovereign nation doesn't have the right to fortify its border and provide protection for its citizens? >> well, look, democrats are not arguing for the most part that we shouldn't have border security. i think there's a legitimate debate about how best to do it. the process by which we do it is important. this has been a bipartisan issue on both sides for a long time. i think the president's move here to say this is an emergency, there are a whole host of issues in our country that are an emergency, and it does set a dangerous precedent. we don't want to abuse this. this is on dubious constitutional ground. a lot of people's accounts, a lot of respectable legal folks say that. i think it does set a dangerous precedent that republicans are going to be complaining about, i'm sure, back on this panel if we have a democratic president in a number of years. charles: holly? >> listen, an emergency, it is. we have 70,000 people dying every year from drug overdoses, the majority of those drugs coming from our southern border. so to say that it's not an emergency is just fundamentally false. we talked about the angel moms that, i mean, they have lost their loved ones. in the past two years, there were 4,000 arrests of immigrants who are here illegally, were killing. this is a national emergency. i can't think of another issue that would be more important for the president to sign. look, if congress didn't want the president to have such broad measures when they passed the national emergency act in 1976, they would have put some very specific parameters around what a national emergency is. but they did not do that. they had the opportunity and they chose not to. and if they want to rescind it, they can. but the president has the authority to do this. charles: you know, one thing that bothers me is people who just are dead set against this, particularly in the media. they kind of focus on well, a place like el paso, the crime is low. take a look at the economies of san diego and tijuana after the wall went in place. look at how both sides of the wall thrived and it makes a better argument for it but no one talks about the interior of the nation. we have a massive drug epidemic in long island, new york. that doesn't get caught up or included in the conversation about securing our southern border. >> it's also known that you have ms-13 gang members in long island because they have been attacking and killing school children. and they are a threat to the neighborhoods and the society as a whole. but listen, this is about safety and security. i implore the democrats to look in the faces of these angel families, talk to these people and find out what they have gone through. what did they go through when they found out their loved one was killed, a, and b, when they found out it was at the hands of someone who should not have been here in the first place. they were at the press briefing yesterday. charles: listen, it was deplorable how the angel mothers and their families have been sort of dismissed by the media. when you say there are other national emergencies out there, you know, this is not something where you don't have to, you know, we can only do one at a time. there are 31 national emergencies in existence, some that go back 40 years. the idea that you acknowledge that we do want to have something done there, president trump wasn't necessarily asking for a lot. that was a $300 billion spending bill and $21 trillion economy. >> right. the problem exists on a couple fronts. number one, if the president actually wanted to build a wall to secure the southern border, he's going to need a lot more money than what he's put in this budget to do it. on the other hand, if you are actually talking about solving this problem, this is a problem that has always needed a comprehensive solution that's to the very good point about drugs getting into our country, fentanyl is coming in from china just as much -- charles: china sends it to mexico, then it comes through the southern border. >> the demagoguing this is a problem of some drug mules -- charles: isn't it interesting, even if none of that was on the table, the idea that we should have the right to secure our borders the same way every american has a right to have a lock on their front door, it just seems like a no-brainer to me. by the way, here's an interesting thing i read. with these national emergencies, they expire, they are supposed to expire every year. unless the president renews them. senate and house have to meet every six months to decide and consider a vote of termination. well, in 40 years, congress has never met once, not even once, let alone every six months, and that's why we still have national emergencies going back 40 years. but everyone is now worried about an abuse of national emergencies. thank you very much. fired fbi guy andrew mccabe says he and others discussed ways to get president trump out. oh, they are trying to walk that back a little bit but is the damage already done? democrat mark pence says yes. we will see what the former special counsel ken starr thinks. both men are here. we are about to get an update on that deadly workplace shooting in illinois. what investigators are learning about the gunman. after months of wearing only a tiger costume, we're finally going on the trip i've been promising. because with expedia, i saved when i added a hotel to our flight. ♪ so even when she outgrows her costume, we'll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia. on average, we'll live move more in eleven homes. in the world. and every time we move, things change. apartments become houses, cars become mini vans. as we upgrade and downsize, an allstate agent will do the same for our protection. now that you know the truth, are you in good hands? charles: the shooting in aurora, illinois at the henry pratt company building leaves six people dead, including the gunman and fire police officers injured. authorities now revealing they believe the shooter, an employee there, was about to lose his job. so was this a case of workplace violence or was it something else? fox news correspondent jeff paul is in aurora with the latest. jeff? reporter: yeah, charles, right behind me, that's the manufacturing facility where investigators say the suspected gunman walked inside with a handgun and began shooting. in fact, there are still several police officers here piecing together what's being described as a very large crime scene. take a look at this picture. this is the suspect, 45-year-old gary martin. they say he was an employee at henry pratt and was about to be laid off. they believe he showed up to work yesterday shooting and killing a total of five of his co-workers. one other co-worker was injured as well as five officers who were shot. those officers were some of the first to get to the scene and were running inside hoping to save lives. folks who live in the area near where the shooting happened say they still can't believe it happened. >> i've lived here for 39 years and i have never seen something like this in my life. and seeing just s.w.a.t. and police officers from all over the cities from everywhere, it's just insane. reporter: after searching the building, police found the suspect, engaged with him, eventually shooting and killing him. investigators also searched his home here in aurora but didn't find anything suspicious. we are also learning the suspect had a criminal past that includes doing prison time for aggravated assault. the mayor here in aurora saying that the focus right now needs to be on the five victims who lost their lives. so far, none of those names have been released yet. charles? charles: jeff, before we let you go, what sort of updates or what sort of insight do you think we can expect to hear at this 11:00 update? reporter: i think the big thing that we're expecting is going to be happening at 10:00 local here, 11:00 eastern, possibly some of the names of the victims and then we can start putting more focus on the people who lost their lives in this shooting. other than that, it's hard to really tell what we're going to get. the last update was about 12 hours ago. still as we mentioned in the intro, several police officers here going in and out of this building where that shooting happened. charles? charles: thank you very much. former fbi director, deputy director a oor andrew mccabe tro walk back comments made in his "60 minutes" interview. republicans are demanding answers and a key democratic adviser is, too. that's next. but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed. and while some advisors are happy to earn commissions whether you do well or not. fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. does your customers connecting to the wifi ever slow down your business? yes, it does slow things down. aggravating. it's a nightmare. so our gig-speed network is fast. and we go beyond fast by making it easy to create separate networks for your business and your customers and even control how much bandwidth each of those gets. so your business won't miss a beat. this is a big game changer. this is the new wave, and whoever doesn't get on, i think they would be left behind. just one more way we go beyond at&t. right now get fast, reliable internet and add wifi pro for a low price. comcast business. beyond fast. charles: what is happening in this country right now? >> not only did it happen, charles, but they cast a net so wide without any, any real evidence on anyone. the only evidence they had was this dossier that the clinton campaign paid for that came from russia. the irony in all this, i can't say it enough times, the very thing that they were investigating the trump campaign for which was supposedly getting dirt from russians to use against hillary clinton, that's exactly what the clinton campaign did. so you know, i hope that the new a.g. gets in there and he starts to clean house and so that we can start to put the department of justice and the fbi back together again. charles: former fbi deputy director andrew mccabe telling cbs deputy attorney general rod rosenstein raised high level talks to consider how to kick the president out of office after jim comey's firing. rosenstein was serious about his offer to wear a wire to record the president. rosenstein denies it. top republicans are calling for hearings to get to the bottom of it. now andrew mccabe's office is saying wait a minute, his comments were taken out of context so what's going on here? former clinton adviser mark penn has some ideas. mark joins us now. mark, what a tangled web. explain to the audience what you think is happening here. >> well, you can see why this group has earned the title deep state. first, mccabe is pointing the finger at rosenstein for trying to invoke the 25th amendment and wiretap the president. rosenstein says hey, i didn't do that. but mccabe triggered the obstruction investigation and independent counsel and on what basis did he do so? under quote, the fear that he might be removed. he didn't do it on the basis of an actual crime that occurred. in fact, rather than being shunted away, mccabe was made acting head of the fbi. so rather than wait for new fbi director to come in, be approved by the senate, they maybe see some things were amiss with this dossier, maybe see that christopher steele was fired for lying. rather than that, they created the independent counsel so that they could have this investigation done by their own friends and supporters and that's what was done here and it's totally illegal. charles: you know, i want to read part of a statement that was released by mccabe's office yesterday. part of it reads at no time did mr. mccabe participate in any extended discussions about the use of the 25th amendment, nor is he aware of any such discussions. he was present and participated in a discussion that included a comment by deputy attorney general rod rosenstein regarding the 25th amendment. that's from melissa schwartz, spokeswoman for andrew mccabe. that was on friday, yesterday. mark, you know, when i saw this statement come across, i was like whoa, because the way this is playing out, this "60 minutes" interview, almost an admission for lack of a better word, a de facto coup that the fbi decided they didn't like the outcome of this election and they were plotting on how to count enough noses in the cabinet to possibly trigger a coup. >> that's it. they didn't like the outcome of the election. more importantly, they didn't like that their director was fired. all of this was a retaliatory action of the director being fired even though rod rosenstein wrote the memo to have him fired, they all got together and said maybe we can use the 25th amendment, maybe we can get him out this way, maybe we can hold a wire, oh, maybe we can do an independent counsel, all in retaliatory action for the firing of james comey. what a deep state. what a mess. mccabe was fired for lying. who knows who is telling the truth here. all three of these top figures contradict each other multiple times on multiple stories. charles: the overarching theme here, though, is that you had the highest levels of the fbi who had a degree, varying degrees of animus towards candidate trump, then president trump. some actually talked about taking action if somehow he were to win the election. then we get evidence that the fbi kicking around the idea of somehow invoking the 25th amendment, getting eight of 15 cabinet members, nose counting, if you will, to go ahead and try to remove the duly elected president of the united states. this is shocking stuff. >> it is totally shocking stuff. it is the making of movies. it is everything we grew up fearing about the people that we give the greatest trust to in the government. the 25th amendment does not apply to the fbi. it applies to people in congress and the cabinet for extraordinary circumstances, typically related to the health of the president of the united states. none of which has any application here whatsoever. the whole thing is incredible but even if they didn't use the 25th amendment, what they did was trigger a series of things that now has created a two-year investigation. look, there's a new attorney general coming in and look, the attorney general should tell robert mueller hey, wrap this up, get out your conclusions and if you want to continue investigating, how about having democrats and republicans on your investigation team. how about having a balanced team in order to have credibility. make some changes that are constructive if robert mueller isn't ready to finally give his report and move on. charles: all right. thank you very much. >> thank you. charles: protesters got their way, but what about the 25,000 people who were hopeful of getting a new job when amazon came in town in new york city? the online retailer packing up before they could even deliver, next. why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today. it's incredible. i mean, it shows that every day americans still have the power to organize and fight for their communities, and they can have more say in this country than the richest man in the world. charles: new york congresswoman alexandria ocasio-cortez taking heat for seeming to celebrate amazon's decision to leave new york before they even got here. now she's trying to clarify those comments. reporter: a stunning announcement on thursday, amazon canceling its planned hq2 project for new york city. 25,000 potential jobs, no longer coming to the proposed long island city queens location. in a blog post, amazon called out state and local politicians for their opposition to the second headquarters and suggested that is what motivated the company to pull out of the deal. congresswoman alexandria ocasio-cortez, who represents the bronx and queens, initially celebrated the decision as a victory, but backtracked her comments on friday when asked about the criticism she received for celebrating the loss of 25,000 jobs. >> it wasn't a celebration. it's that everyday people in the community stood up and they wanted a say in what was happening in their own backyard. you know, it's not the community's fault that the moment they said hey, what are the details of this, where are the benefits coming from, can we secure more, they came to the negotiating table and amazon said we're not negotiating. we're just going to leave. reporter: governor andrew cuomo a major supporter of the project, putting the blame on ocasio-cortez and others, saying quote, a small group of politicians put their own narrow political interests above their community which poll after poll shows overwhelmingly supported bringing amazon to long island city. the state's economic future and the best interests of the people of this state. the new york state senate has done tremendous damage. they should be held accountable for this lost economic opportunity. mayor bill de blasio expressing his frustration with amazon, saying quote, we gave amazon the opportunity to be a good neighbor and do business in the greatest city in the world. instead of working with the community, amazon threw away that opportunity. de blasio said there was no discussion before amazon made up its mind. amazon said it would continue to develop the other half of hq2 in northern virginia as well as the new office in nashville, tennessee. as for those other cities vying for amazon's business during the year-long search, amazon said it is not considering any other locations at this time. charles: thank you very much. queens chamber of commerce president says the city -- borough is far along in its plans to welcome and support amazon and he joins us now. do you feel this is a done deal? amazon saying they're not going to look back. so whatever you guys had thought you were going to get done, that's done. >> good morning. thanks for having me this morning. i don't think, you can never say never, especially in the city of new york. i think there's been such a groundswell since the announcement on valentine's day regarding this, all day friday we got calls to my office, e-mails, texts and that includes members of the community advisory council, the 45 people, including people from the neighboring housing projects that were deeply, deeply committed and deeply, deeply involved in every aspect of this. and businesses in negotiation, we were just getting ourselves started to get our arms and our hands around this thing. and unfortunately, it didn't go our way right now. charles: some opponents would point to the largest housing project in that neighborhood and of course, the development of a new opportunity zone as one of the reasons why alexandria ocasio-cortezes of the world didn't want this project, thinking that hey, yeah, there are going to be some great-paying jobs but no one in those projects would be able to get those jobs and the only thing that would happen is the starbucks would come in, the whole foods would come in, rents would go up and eventually, all the people who had been living there for several generations would be pushed out. what do you say about that? >> i totally, whole-heartedly disagree. we have engaged the folks over there with maybe the largest job opportunity in the last 75 years, and the next 25 years. we have embraced people like april simpson, who runs the tenant association at the queensbrook projects. bishop taylor, born and raised there, as was his family. we were all over this project to get those people jobs. finally find a way for 25,000 jobs. let me just say, too, people in the chambers of commerce business, people like me in the bronx and brooklyn and all the other ones, the lengths we go to keep a company of 50, 25 people to stay in the city of new york would astound most people, instead of having them go south or to connecticut or new jersey. charles: on that note, does it bother you a little bit that there aren't lower taxes offered to smaller businesses? in other words, you know, a lot of people are saying golly, the richest man in the world, does he need $3 billion break and what about the person that wants to open up a local teeshirt shop? you know, is there something inherently wrong when these big companies can get all of these sort of tax breaks and a small business or would-be business can't? >> i do not agree with that position. the new york city department of small business services has some great programs to help and -- charles: tax policies, the breaks, i mean, you understand there's sort of the other side of the argument here. i'm not saying they're right. but it's gaining momentum. it's gaining momentum in the democratic party. it's gaining momentum against young adults. and it's the sort of thing that's a pushback against american style capitalism that i'm really worried about, because i think this now has been your borough has now become the epicenter of it. >> i would agree. i think the $3 billion was a program that was available to any other company. we just happened to land a large, large opportunity and i think it was all based upon those incentives, were based upon the jobs they were going to deliver. period. that's the way it works. charles: thank you very much. >> thank you very much. charles: a national emergency that isn't getting any headlines, no, i'm not talking about the border wall, but it does involve government spending. find out how a major problem just got a whole lot worse. next. charles: you're looking live at 2020 presidential candidate, new jersey democrat senator cory booker, holding a rally in new hampshire. booker and the other 2020 hopefuls promising and supporting new big government programs from medicare for all to the green new deal. that just as our national debt tops $22 trillion. congratulations, america. neither party really talking about cutting spending, so is this the real national emergency? to jonas, susan and dan. susan, let me start with you. $22 trillion and counting. we paid over $500 billion last year in interest. soon it will be $1 trillion a year. you could buy all the border wall you want with it, almost all the medicare for all. you can do a lot. >> it's a lot. up $2 trillion under the trump administration but on an annualized basis it's less per year than the entire obama eight-year tenure. however, you're right. it does have a market impact, it does have an economic impact because we have to service it and pay it somehow. that drains money from the u.s. economy. charles: can we be honest and say neither party will ever do anything about it? are we inevitably going to have to hit the cliff? listen, in greece there was someone out there for years saying guys, we can't just keep saying 14 months of salary for 12 months of work. we can't let people go on five-month vacations. we can't let people retire at age 50 because they worked in a beauty salon and dangerous hair chemicals. we can't keep doing this. they still hit the wall. >> we are going to hit a wall. i don't know why it used to be the thing the other party that was out of power brought up. now they are kind of off that. it's a little more about what we are going to spend money on. in fact, the thing that bugs me the most about this, they are not even playing, you know, the inequality and they talked about raising taxes, there has been a lot of tax proposals but their spending proposals are bigger than the tax proposals so the problem's not going away. funny thing, the european countries that have all those social programs, they have lower debt to gdp ratios than america and they borrow at lower rates because they have this under control. we are the ones who have lost control. the democrats who want to go into a socialism type model don't have a plan that has the tax revenue base of a european country. >> the u.s. is still more contained than say europe -- not europe, but china and japan. charles: the only major economy -- >> the difference is a country like japan and most of europe borrows at negative interest rates. we do not have that luxury. we borrow at fairly high rates relative to the rest of the world who has their debt under control. or interest payments as a percentage of gdp, which is really all that matters, japan is a negative interest rate, doesn't matter, is a problem area that will get really bad if the rate goes higher. charles: you are a numbers man. a few years ago, these numbers shocked us. when we first saw that debt clock, we were like whoa, you know. this is something almost everyone agreed was a major, major issue. we have become numb to it but you are a numbers guy. talk about the impact of this. >> i think we have become numb to it even though i am a numbers guy. nobody is talking about it anymore. if you go back to 2001, you had the national debt running at 31% of gdp. now we are up to 76% of gdp for our national debt. it's unsustainable. ten years from now -- >> [ inaudible ]. charles: someone watching is saying okay, you know what, we have been warned. maybe we overwarn people. maybe we were too hysterical about it because we didn't go over a cliff. now it's like the boy crying wolf. this is a huge issue, a huge emergency, and no one's talking about it. >> because the number is too big, charles. let me tell you what i mean by that. if you took the average person and said you have $50 million worth of credit card debt. you know what they would say? who cares? i'm never going to be able to pay that. unfortunately, i think our national debt is getting to such a number, we realize we can't pay it. so are we going to go off the cliff? yes, we are going to go off the cliff before anybody's going to do anything about it. because politicians are buying votes, re-electionism, right, through all this spending. that's never going to end unless we are going to do something really bold like term limits. charles: on the democratic side, the number one issue is the earth's temperature will get one degree warmer in a hundred years. we are looking at $22 trillion in debt in our face right now, yet that can't elicit any sort of anxiety or feefrment. >> are you talking about the green new deal? kamala harris' $3 trillion? charles: it's on spend, spend, spend in an effort to curb something that may happen a hundred years from now when there's no way this can be sustainable any length of time. >> you look at the 2020 hopefuls, cory booker wants -- it's just suspending, getting the revenue i think is part of the equation they are missing at this point. for me, i feel like if you want to look at $22 trillion, could be so much worse after the election. charles: it's not, though, the revenues are there. we are bringing in more money, we typically bring in more money when the economy is on fire but the spending is where it never gets curbed. >> we are not at the point of no return yet. charles: we're not? >> no. this is one of the strongest economies so our gdp can grow faster than other economies which can help the problem. but that said, getting to the original problem, even these democrat plans could solve the debt problem if they were like you know what, we want to fix the environment so we are going to tax energy. that's it. we are going to get the debt paid off with it. that sort of could work. >> no. no. >> it's not going to work. >> you are not going to have energy taxes like that. >> they are not going to just tax. they will give incentives. charles: we have to make sure not to overtax, that we curb spending. >> european countries are in a better debt to gdp situation but they are in a lower gdp growth situation because of their tax situation. t it's a balance. charles: we didn't solve anything but it was fun. california planning to sue the trump administration for declaring a national emergency to build the border wall. i wonder how california republican congressman tom mcclintock feels about that. we will ask him. he's next. ama. aka, rocket city, usa. this is a very difficult job. failure is not an option. more than half of employees across the country bring financial stress to work. if you're stressed out financially at home, you're going to be too worried to be able to do a good job. i want to be able to offer all of the benefits that keep them satisfied. it is the people that is really the only asset that you have. put your employees on a path to financial wellness with prudential. bring your challenges. - ( phone ringing )es offers - big button,lized phones... and volume-enhanced phones. get details on this state program. visit right now or call during business hours. do you think this is fun for me? 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[man on other line] i can't tell from this photos... ...i need better shots. thank you for flying turkish airlines. taxi! you waiting for someone? no. just... looking. and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program visit right now or call during business hours. charles: the state of california is planning to sue the trump administration for declaring a national emergency to build the border wall. let's talk about this with california's republican congressman tom mcclintock. congressman, thanks for joining us. >> my pleasure, charles. thanks for having me. charles: it's not necessarily manned by dogs as far as the headline is concerned. nevertheless, here we are. california springing into action to save the day. what do you make of it? >> well, they brought an action against the president just a few months ago in the ninth circuit, and were turned down by the ninth circuit which is hardly a bastion of conservatism in the american judicial system. i think the president is on absolutely solid ground. this is an authority that dates back to 1976. it's been used 58 times. we have national emergencies declared that date back 40 years. we have declared them for things like the civil war in sierra-leone, burma, haiti. this is occurring on our southern border right now. 60,000 people a month illegally crossing that border. you look at the statistics, 1800 americans were murdered in 2017 by illegal immigrants. 48,000 violently assaulted. not one of those crimes should have occurred because not one of those criminals should have been in our country to begin with. if that's not a national emergency, i don't know what is. charles: what do you make, representative mcclintock, when the media and your colleagues on the other side of the aisle sort of conveniently overlook those sort of statistics that you just rolled out and say well, border towns are relatively safe and then they conflate somehow illegal immigration with legal immigration, or maybe college educated student from india who overstays their visa. these are deliberately done to inflame and provoke. what do you make of that? >> well, legal and illegal immigration are two very different things. legal immigrants to have a lower rate of committing crimes -- charles: it suggests that even -- >> we should expect that. but there's a lot of data on illegal immigration that suggests that they commit crimes at a much higher rate than the general population. i know there's a study out of texas that says otherwise but there are studies in arizona and a fox news study a few years ago that suggested that there's about a two to three times increase in crimes committed by illegal immigrants. charles: more recently, we have seen an uptick in families, a steady stream of unaccompanied children and we have heard some horrific stories. it's a dangerous trek, particularly coming from central america. you know, could this be argued on a humanitarian basis that a more secure border will deter those things and maybe add to it, more points to apply for asylum throughout mexico and central america, wouldn't that be a more honest way to discuss this and to try to fix this? >> well, of course it would be. the reason why they are making that dangerous trek, putting those children at risk, is because they expect to be granted entry into the united states because we have a porous border. if our immigration laws are actually being enforced, our border is actually being enforced, then the incentive to make that trip drops to zero. and frankly, if we don't enforce our immigration laws, then our borders become meaningless and our country simply becomes a vast open territory between canada and mexico, which, by the way, both have immigration laws and borders they actually enforce. charles: sir, thank you very much. really appreciate it. >> my pleasure. thanks for having me. charles: fair and balanced, we will talk to california's democratic congressman, john garamendi and senate judiciary committee member john kennedy tells president trump how to legally build the wall. plus, former whitewater independent counsel ken starr on new revelations from fired fbi deputy director andrew mccabe. and the police in aurora, illinois are about to give an update on that deadly workplace shooting. we will be there live. what do you look for when you trade? 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why does the state of california take this position when many people say that the border for-- the border wall, fence between t tijuana and san diego has been nothing, but success. crime has stopped on both side of the border walls and economy has soared and it's beneficial for both sides? >> that's certainly true. we've been working with border fence in tijuana and to the east of that for almost four decades. so there's no debate that there's a need for border fence or border wall on certain parts of the mexican border. no doubt about that. this is there's a much more important issue here than a border wall and this is a constitutional issue and i think this is where california is going to go. the congress and the president just signed a piece of legislation on friday to end the shutdown, but that legislation also was very, very clear about how the congress would fund a border wall, border fence and border security. no sooner was that signed into law than the president did something which many of us believe is extra outside of the constitution. article one section nine is very, very clear, no appropriation except through a law passed by congress, and that's exactly what happened. that law also restricted, defined and set how much money and what the wall would be and then the president immediately went over the will of congress by declaring an emergency using another law to achieve that. that's a very, very fundamental question and if you are a strict constitutionalist, as most conservatives are, this is a fundamental issue of the separation of powers and frankly, it needs to be resolved, hopefully resolved in a way that the power of congress, the checks and balances, are maintained. charles: well, i'm not a constitutional expert, but i've been able to interview and speak to several of them and there are varying opinions to your point and maybe it will be resolved. >> sure. charles: but do you then not think though -- does it live up to the idea that this is perhaps a national emergency regardless of whether or not congress has the ability, you know, that congress, usurping congress's power of the purse? >> well, i think the answer is found in the president's words yesterday of, even a cursory review of his press conference would indicate, it wasn't the first thing he brought up. in fact, it was the last thing he brought up at that press conference and then his words seemed to indicate that he knew that this wasn't going to get done very quickly. i would suggest there's a much faster and frankly, a much more constitutional appropriate way to do that and that is is in just three weeks, the president will deliver to coping his budget. and in that budget, he should put in specific information about the wall. where does he want it, how many miles or feet and yards, where it's justified and then by next october 1st, we must pass a new appropriation bill, and that's the normal way to do it and frankly, i think it will be much faster than the route that president has chosen which would be a monumental legal fight as well as a significant political battle. it will be faster and frankly, the outcome will be better because it will be following the strict constitutional format congress has the appropriation power. charles: representative garamendi, always a pleasure, thank you very much. >> you've got it, thank you. charles: fired andrew mccabe creating a firestorm talking about the 25th amendment to get the president out of office. ken starr weighs in next. amily and it really shows. with all that usaa offers why go with anybody else? 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>> i don't think so. bob mueller has the investigation well underway and we have a person of total integrity in bill barr. we saw the hearings were now attorney general barr. you're not going to rough him up. i served under bill barr, a person of great integrity, he's going to call them the way he sees them. i think we're going to make sure through bill barr, that it's a new day at the fbi and frankly, that it's a restoration of the great tradition of a wonderful institution. charles: and agree with you, i have friends who work at fbi and we know that the rank and file members are there doing a patriotic duty. the leadership issues may take a long time to clean up, but, you know, again, i want to get back to-- >> i don't think so, charles. i'm sorry to interrupt, but i don't think so. charles: okay. >> you clean house, you bring the broom in, and i think that it's largely been done. it remains to be seen and i wish we had, frankly, i'm going to be a little critical here that christopher ray would be a little more transparent with the american people and we don't hear from him on what needs to be, restoration of integrity, in terms of reputation, i'm glad you said what you did with the rank and file, traditional people. charles: i'm thinking back to emf emfram zimbalist, jr. >> and we're looking at elliott abrams this week and did she did too far and did it hurt her party. charles: we'll debate that and you'll get a chance to decide. >> if i could respond to that-- >> it wasn't a question, on-- but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed. and while some advisors are happy to earn commissions whether you do well or not. fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. it's a revolution in sleep. the sleep number 360 smart bed is on sale now, from $899, during the ultimate sleep number event. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to hit the ground running. only at a sleep number store. during our presidents day weekend special, save 50% on the sleep number 360 limited edition smart bed. plus, 36-month financing. ends monday. sleep number... proven quality sleep check in from afar with remote access, ♪ and have professional monitoring backing you up with xfinity home. demo in an xfinity store. call, or go online today. >> i don't understand why members of this committee or the american people should find any testimony that you give today to be truthful. >> if i could respond to that. >> it wasn't a question. on-- that was not a question. >> i would-- >> that was -- i reserve the right to my time. >> it is not right-- >> that was not a question. >> that members of this committee can attack a witness and not permit today reply. >> that was not a question. >> in a heated exchange on capitol hill. ilhan omar asked special envoy to venezuela elliott abrams about his 1991 guilty plea withholding information in the iran-contra affair and he was pardoned by george w. bush. is this helping or hurting the party? david bernstein, g.o.p. strategist, holly turner and fox news contributor janine burrelly. david, let me start with you. it was not pleasant to watch th that, as a democratic representative, how do you feel about that? >> well, look, i think that representative omar is not having a great week, a couple of weeks here in her introduction to congress because on a certain level while i think the people who came into congress, they did come here and they have a mandate from voters to hold the trump administration accountable and hold them to account, you have to do that with a little bit more intentionality and decorum. while mr. abrams was convicted of a crime a long time ago, is this the kind of issue that's going to move voters? i think she probably hurt her cause more than she helped it, although i'm sure she endeared her base by going after a republican. >> you have a campaign and sort of a fire and vigor and anger, maybe, that might appeal to certain people, but there's a certain way you also comport yourself once you arrive in washington d.c. >> note to steph to anyone washington, na could happen to you. i think for her to be a freshman in congress and such a young person, she has a billing chip on her shoulder and it's not just a bad week. i think this is going to be something going forward. we're going to be seeing and hearing all kinds of antics from this woman and it's showing how radical the left is becoming. she's treating this man like that. you have the left and how they're moving toward the anti-capitalism aspect. we're going to see more and more radicalism i think coming from the left especially as we approach 2020 elections. charles: a lot of the newbies are angry and representing angry constituents and they're saying, hey, we're representing constituents who felt like they've been left out of this great american experience. they're angry about it and they're elected to be their spokesperson. >> i don't think their constituents are telling them that. charles: i wouldn't be surprise if she went back to her district to a heroes welcome. >> i disagree. >> i talked to members of the jewish community, and they're upset, afraid for their community and they endorsed her. they tried to put forth open mindedness and likely to win and publicly endorsed her and supported her in her campaign and they're alarmed by the rhetoric coming out. she hijacked that committee hearing with her anti-american rhetoric. it's-- >> what about recent immigrants in her district and muslim voters there? >> well if what she's saying is representative of what they're thinking, then we have got a lot of work in front of us and i'm afraid for the democrat party. they've gone far left and the anti-american jargon and words coming from all members of the party. and the leadership is not reprimanding them, it's-- >> in this particular case, i mean, that may be not in this hearing, but she was taken to task by nancy pelosi, which a lot of people applauded on both sides of the aisle. >> for other anti-semitic remarks and then she went on and did this. charles: david, that's the problem. also, do you go to washington d.c. to create solutions or is she going to be just there and her other colleagues to stir the pot to express anger, to finger point. when do they present solutions for things? >> i think we can all admit that what's happened to quote, unquote, hearing system in washington d.c. has turned into a bit of a farce. no one is trying to find out any answers to a hearing and no one is trying to give witnesses a fair shake. charles: that was embarrassing. would you admit as a democrat. >> no more embarrassing frankly than the hearings that republicans gave while they were in the majority. we should take the television cameras out of these rooms. it might be bad for this network, but much better for the the-- >> final word. >> i think it's telling of a sign of things to come from the left. charles: we reached out to congress woman omar and mr. abrams and they were unavailable. and john kennedy says that the president needs to keep fighting for the border wall. he's here. what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪ >> congress's failed to do their job. they've left the president with no option. he has to do this to safeguard the security of this country. i've tried to reach out to several different committees, where i wanted to say, hey, look, i'm here. i want to talk to you on both sides of the aisle. i've been met well on the republican side. not the democratic side. that's a fact. charles: the border chief under the obama administration, that was mark morgan, telling me that president trump had every right to declare a national emergency and he even tried meeting with democrats to discuss the border situation. but he was ignored. joining us now on the phone, republican louisiana senator john kennedy. kennedy, senator kennedy sits on the budget and judiciary committee. thanks for joining us. >> you bet, charles. charles: a lot of discussion, a lot of debate whether or not president trump has, a, the authority and b, whether it's necessary, what do you say to these things? >> i don't share the hysteria of some of my colleagues about the national emergency act. it doesn't scare me. look, i just lost this week, we all did, a southern state allow some well-intentioned crazies to piss away 25,000 six-figure jobs in a new york minute. that scares me. the national emergency acts does not scare me. the president is using powers given to him by congress, past presidents have used the statute 60 times, two to move money arou around. it will undoubtedly be litigated. anybody who knows a law book from an l.l. bean category understands that ultimately the u.s. supreme court will give us on this. in the meantime, the president's going to do the very best job that he can to secure our border and that's-- for 25 years, charles, i have watched big government republicans and rich carlton democrats in this town refuse to enforce america's immigration laws and trump's only sin is that he is abiding by the rule of law, enforcing. and any fair-minded person, any fair-minded person knows you cannot secure 1900 miles of real estate without a barrier. ask israel. charles: well, to that point, sir, the same question, a similar question was posed to former congressman beto o'rourke of texas and he actually said if he could, if he had the ability to, he would actually remove existing barrier walls and fences along el paso, that he thinks that they don't work, that there's no demonstrable evidence that they keep americans safer. >> well, no disrespect, but look at the facts. when we built the wall at san diego, then el paso, in yuma, illegal immigration dropped 88%. did it stop all of it? no, but it stopped most of it. there's a reason that israel has 435 mile border wall with the west bank, it stops terrorists, not all of it, but most of it. there's a reason that saudi arabia built 1100 border wall with yemen and 600 border wall with iraq. there's a reason that indian has had a border wall and norway and malaysia. i don't know that -- if he thinks border walls don't work, if he thinks we ought to tear them down after the american people spent billions of dollars of their hard-earned money, then mr. beto is just wrong. he's been-- he and willie have been together. >> i want to ask you, and you alluded to knowing the law. and when i listen to nancy pelosi and the questions that were posed to her this week, she realizes ultimately a legal challenge will fail. she has redirected her attack on this national emergency suggesting that, well, maybe republicans will rue the day this was used because ultimately a democratic senator will be able to use it to enforce their own version of gun control laws, their own actions against climate change, and a variety of other topics. are you worried at some point a democratic president will be able to use national emergencies to to circumvent congress and put out their own laws. >> speaker pelosi, great respect, is making the argument that a future democratic president wouldn't have enough sense or staff would have enough sense to understand the financial emergency exists and used 60 times by former presidents. so the idea that this is some sort of unprecedented measure by president trump is -- and she knows that, it's just an excuse. and this is not complicated. legal immigration, we welcome a million people a year legally to our country. legal immigration makes our country strong. illegal immigration undermines legal immigration. and by the way, illegal immigration is illegal, duh. speaker pelosi needs to admit she makes no distinction between legal and illegal immigration, i disagree with her. i've listened to her talk about the rule of law with the mueller investigation. and when it comes to immigration laws, she wants to ignore the rule of law. i mean, the hypocrisy is breathtaking. charles: senator kennedy, thank you very, very much. we always appreciate your thoughts and i'll relay your thoughts to the citizens of new york city, exactly what happened to them in the new york city and new york minute with the amazon news. thank you-- >> kudos to governor cuomo. we don't agree a lot, but at least he tried. charles: he did try. >> at least he tried. charles: now maybe he'll just start to lower taxes and that's another way he can maybe fix it for the future. sir, thank you very much, always appreciate it. >> you bet. charles: the aurora, illinois police department, they're getting ready to give an update on the deadly workplace shooting. we're expecting to learn more about the suspect and five victims that he killed. we will be there live. 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look at it, it looks like it was sour grapes from a few smaller new york senators, some concerns about the union and the power that the union still has in new york city. so, really, small players being upset about being left out and this decision largely being handled through albany. so, for us, as a new york city resident it's incredibly disappointing that we can still have, you know, very small interest controlling what would have been a very beneficial use case. from an amazon perspective and stock perspective is what i'm thinking about, this actually looks good. there's a lot of opportunity for amazon to grow in its other hubs. a lot of other areas it can pick, i don't see it being a detriment at all for amazon, it's a loss for new york city. charles: amazon when they started this thing, the criteria had nothing to do with tax breaks. they wanted to be near universities, great housing systems, with are they wouldn't necessarily jack up home prices or disrupt the local area, where they would have transportation so they laid out a bunch of things they wanted which narrows potential candidates, but never said hey, if you don't give us the gigantic tax break we won't show up and some people say that's what they wanted the whole time. >> amazon is notorious for not wanting to pay taxes. charles: and pretty successful at it, also. >> they have been of the let's be clear on taxes played a role on this. from the standpoint of new york, so there's 300,000 tech jobs in new york city. so, not gaining 25,000 more is not that big a deal. however, it's the messaging that new york is sending to say, we are not really receptive to having tech giants come in and maybe we don't want to compete for their business anymore. and one other thing, and you and i talked about this, charles, when amazon went to the $15 an hour minimum wage, the left was praising them. now what happened? amazon becomes the enemy instead of the friend of the left, go figure. >> i think the fact it comes across that new york city isn't business friendly. that's what's concerning. charles: there's been a mass exodus out of new york city and new york state for a long time. >> make new york more friendly to all businesses and not the company, didn't pay taxes, and even though the owner is a billionaire. the top six cities in the world for venture capital are all in america and they collect, boston, new york and four in california, l.a., san francisco, whatever. google is going to add-- is going to be a 25,000 people in new york in probably a year or two because the talent here, infrastructure here, quality of life. they need to be near the eco system. that says that new york can't get sloppy and lazy because there's taxes you can't deduct-- very high income taxes of the six cities new york is the highest state. charles: and a lot of individuals-- >> and new york needs to address the issues. as far as handing out the red carpet to this company that went around the country trying to cut deals with everybody, i think they overdid it, i don't think that new york has to do it. other places have to, nevada got tesla because texas loss them and texas is a no tax, and you don't want to anow a billionaire. the reason he left we're not kissing his butt. he wants his butt kissed just like nevada did to elon musk. i don't think that new york needs the jobs. a top location, keep it a top location and competitive for everybody, but deliver infrastructure, quality employees. >> we may not need it, but it would have been beneficial and i don't see it necessarily as purely just about taxes. i think it's also about, they don't want the negative publicity. they've got plenty of negative publicity going on right now and adding that with new york is just one more step saying, look, i'm out, i'm done. charles: and we had governor cuomo saying to his party, we can't go back to tax the rich well anymore. that the 1% pay 46% of our taxes and this comes out that last year governor brown admitted in california 1% pays 48% of taxes. the idea going off and hijacking the wealth of the 1%, it ain't working no more. >> wealth is mobile, charles and that's what everybody needs to understand. if you're going to overtax the rich in one place, they're simply going to migrate to another and the bigger picture here, the states are competing, they're competing to attract wealthy taxpayers and they're competing to attract corporations. and that's the bottom line. >> but in the meantime, we see where the presidential candidates at least ones to announce thus far, including kamala harris who happens to be in south carolina right now. they're putting out policies that are very hostile to the 1% and actually, you know, they're-- all of their economic policies begin with taking the money from the 1% to jump start them, because we have-- we have the press conference now? i'm sorry, folks, let's go to aurora, illinois, the police department are giving us an update on that deadly workplace shooting. let's listen in. >> followed by information from the assistant officially in charge, brendan ivor from the chicago field office. we're going to follow with a brief overview of yesterday's timeline by deputy chief keith jackson. and then following that, we're going to return to the chief for brief questions. okay? chief. >> good morning, everyone. my name is kristin zeman, before i begin with the update i want to give a heartfelt thanks to our citizens and business owners in aurora, who has delivered food, gifts and well wishes for our officers in recovery. and gratitude to our law enforcement brothers and sisters across the nation and beyond who have reached out to us. it means so much to all of us to know that you're sending positive energy for our officers who are injured, the responding officers, and the victims' families. as we relentlessly pursue answers to questions on why a person could do such a thing, we feel the support from all of you and my cup runeth over. i'd like to provide an update on the condition of our officers who are still being treated for their injuries for yesterday's shooting incident. all five of our officers are recovering under the care of physicians in the chicago metro area. officer one is a male, 39 years of age, with 13 years of service here at the aurora police department. this officer suffered a gunshot wound to his lower extremities and is in stable condition at the local hospital. officer two a male, 52 years of age with 25 years of service at aurora police department. this officer suffered a gunshot wound to his upper extremity. he was treated and will be released from the hospital later this morning. officer three is a male, 52 years old with 24 years of service here at aurora police department. he suffered a gunshot wound to the lower extremities, he was treated and released from the hospital yesterday. officer four a male, 53 years of age with 30 years of service. this officer also suffered a gunshot wound to the lower extremity and was treated in an area hospital. officer five, a male, 24 years of age with just under four years of service. this officer suffered a series of shrapnel wounds to the upper extremities, currently being treated and is in stable condition at a local hospital. officer six, a male 23 years of age with two years of experience is here at aurora police department, suffered a minor injury while responding to the incident and not related to gunfire. all of the officers' injuries are considered nonlife threatening. and the victims of henry pratt of yesterday's shooting. clayton parks of elgin, illinoisment. trevor weiner of de kalb, illinois, an intern at henry pratt and a student at northern illinois university. russell bier he, a mold operator at henry pratt. vincente juarez, a stock room attendant and forklift operator at henry pratt. josh pinkard of oswego, illinois, plant manager for henry pratt. another shooting victim a male employee treated at an area hospital for gunshot wounds. preliminary investigation that the deceased victims were located in the same general area of the henry pratt facilities. while the investigation is ongoing, we believe there is only one assailaassailant. here is what we know about the shooter, 45 years of age, lived in the 1900 block of sal martin road in aurora, six prior arrests, traffic and domestic battery related issues. last arrest in aurora, in 2008 violating an order of protection. the last arrest in 2017 by the oswego police department for criminal damage to property. regarding the weapon in the shooting incident. in january of 2014, the shooter was issued a firearm owners identification card. on march 6th, 2014 he applied to purchase a handgun, smith & wesson .40 caliber gun from that same dealer. march 16th, 2014, the shooter applied for a concealed carry permit at an unknown location. during fingerprinting and background process, it was discovered that he had a felony conviction for aggravated assault out of mississippi. the date of that conviction was august 3rd, 1995. it should be noted that this conviction would not necessarily have shown up on a criminal background check conducted for the card. once this felony conviction was discovered the offender's concealed and carry per miss was rejected and the card was revoked by the illinois state police. and assistant from the field division is here and able to describe how a firearm is traced. >> thank you, chief. good morning. so a.t.f. initiates a trace of a firearm. we start with the manufacturer of that firearm. from the manufacturer, we follow that firearm down to the distributor, from the distributor down to the local federal firearms licensee and ultimately to the first initial purchaser of the firearm. if we need to, we'll follow that firearm from the first initial purchaser and ultimately into the hands of the final possessor of the firearm. once we get all this have information, we actively and proactively share it with our state and local counterparts who have a vested interest in the investigation in this case, with the aurora police department. >> okay. >> thank you. >> well, first, i'd like to give you a rundown of resources that was used yesterday. we used approximately eight s.w.a.t. teams from the federal, all the way to the local level. approximately 25 to 35 agencies responded, consisting of approximately 200 to 300 officers. and as i go through the timeline there will be a reference made to contact teams and to rescue force teams. we used approximately eight contact teams throughout the initial search to look for the offender. those contact teams were made up of approximately six to eight officers. we also formed approximately 13 rescue tech force teams which consisted of approximately eight officers and three medics or personnel from the fire department. to start with the timeline. the original call came in 13:24, officers were dispatched it 641 archer avenue, active shooter in the plant. second call, 13:24 hours, caller stating shots fired, employees being terminated. 13:25 hours, two shots fired inside the warehouse. 13:25 hours, shots were heard over the phone. 13:26 hours, more shots fired. 13:27 hours, more shots fired. those calls were calls that came into our 911 center. at 13:28 hours, our first officers were responded to the scene. at 13:28 hours, the determination was made to activate our special response team. at 13:30 hours, first report of an officer being shot. at 13:31 hours, indication made there was four victims upstairs. 13:31 hours, indication made that there's a victim in the bay. all of these victims, they were referenced were determined to be deceased at that time. 13:32 hours, more shots fired. at 13:32 hours the second officer reported being shot. 13:33 hours to 13:33 hours, more shots were reported, being fire from our officers. 13:34 hours third officer reported being shot. 13:35 hours a fourth officer reported being shot. between 13:37 hours and 13:52 hours hour personnel were responding to extract some of the wounded officers at the scene. at 13:31 hours, the bearcat breached the facility to allow aid in entry of officers responding to the scene. at the point in which the bearcat breached the scene and they recovered the wounded officers, a simultaneous operation began to look for injured, recover the officers, and also start clearing the warehouse. from 13:52 hours up until 14:58 hours no contact was made with the offender. at 14:58 hours officers indicated contact made. at 14:59 hours confirmation was made that the suspect had been neutralized. >> okay, so at some point when we have the ability, we're going to release an itemized version of the timeline via our social media outlets and working on releasing a somewhat limited preview of some 911 tapes that might be coming in that we can release to you sometime in the near future. i'll open it up briefly for questions from the chief. chief. >> go ahead, sir. >> could you clarify was he fired in the morning and then he began shooting? or had he been fired? and was he an employee yesterday when he walked in the door? >> my understanding, yes, according to witness at the scene who was part of that termination meeting, is that he reported for work and during this meeting he was terminated, and my understanding from the witness is is that he opened fire right after the termination. >> at the person who fired him. >> correct. >> and then he moved out of the room and began shooting? >> we believe several people involved in that meeting are the ones who are deceased, yes. >> the events relating to the license-- revocation of his card indicate he was in illegal possession of that gun? >> that's correct. >> was someone to go out and take that-- >> that's part of our investigation, we'll report at a later time. he was not to be in possession of a firearm. >> it was his own gun he initially purchased, correct? >> correct. >> the suspect shooter killed by a single bullet or-- >> you're watching the aurora illinois police department, including onscreen police chief kristen ziman, and going over the workplace events that apparently began in the human resources department human resources and five victims of the killer. the press conference will continue and we'll continue to cover it as well. you're watching fox news. i'm worried about my parents' retirement. don't worry. voya helps them to and through retirement... dealing with today's expenses... while helping plan, invest and protect for the future. so they'll be okay? i think they'll be fine. voya. helping you to and through retirement. whooo! want to take your next vacation to new heights? tripadvisor now lets you book over a hundred thousand tours, attractions, and experiences in destinations around the world! like new york! from bus tours, to breathtaking adventures, tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip... monumental! read reviews check hotel prices book things to do tripadvisor >> and a fox news alert, as you heard. police still trying to figure out the motive behind the shooting that left five dead, six others injured in aurora, illinois. 11 a.m. outside of chicago. police now just wrapping up a news conference. welcome to america's news headquarters from washington. a lot to get to today. i'm leland vittert. kristen: i'm kristin fisher. and police identified the gunman, saying that he was set to let go from the job of 15 years when he opened fire in the workplace. our jeff paul is live in aurora, what are you learning? >>

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investigators accountable now. amazon, local leaders lashing out. amazon is out, ditching plans for a new headquarters in new york city and taking thousands of jobs with it. are certain lawmakers really happy about this? plus, neither red nor blue. worried about your green as the nation debt now $22 trillion and counting. you wouldn't know it with another presidential election coming. is this the national emergency everyone should be watching? "cavuto live" starts right now. in a fox news alert, we are getting word police will be providing new information on that deadly workplace shooting in aurora, illinois. the gunman killing five co-workers at the henry pratt manufacturing plant before police killed him. five officers also wounded in the rampage. what are investigators learning about the suspect? a press conference will be getting under way at the top of the next hour. meanwhile, to our top story this hour. i'm charles payne in for neil cavuto. president trump is at mar-a-lago after declaring a national emergency at the border and the lawsuits are already piling up. fox news is in west palm beach with the latest. phil keating? reporter: good morning, yes. those lawsuits filed by three texas landowners as well as an environmental group all protesting this border wall construction. the white house has indicated they fully expected lawsuits and are working on preparing themselves to handle them all. here in sunny south florida today, it's going to be a high of 80, just to make you jealous, and president trump left his mar-a-lago palm beach mansion early this morning and has now arrived at trump international golf club, where he's presumably hitting the links. air force one landed last night here in west palm beach around 6:30 p.m. the president has no public events scheduled all weekend long. earlier friday at the rose garden, president trump announced he was signing the budget deal, averting another partial government shutdown. however, also declaring a national emergency over the southern border with mexico. with that, he plans to take funds from other sources to get more money for the wall than the compromise legislation gives. >> what we really want to do is simple. it's not like it's complicated. it's very simple. we want to stop drugs from coming into our country. we want to stop criminals and gangs from coming into our country. reporter: the budget deal gives about $1.4 billion for border fence construction. the administration seeks extra wall money from here. $1.37 billion from homeland security, $600 million from the treasury, $2.5 billion from the department of defense's drug program, and $3.5 billion from d.o.d. military construction budgets. democrats are wholly expected to challenge this national emergency declaration in the courts. in this joint senate tatement, this is plainly a power grab from a disappointed president who has gone outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process. another challenge can come directly from california, the state which sees the biggest imprint of illegal immigration in their state. governor gavin newsom, a democrat, yesterday calling the border wall a monument to stupidity, but back to the lawsuit filed by texas landowners, eminent domain is absolutely going to be an issue in this whole deal, and the white house via sarah huckabee sanders yesterday, said they expected these challenges and they are preparing to defend them. back to you. charles: thank you very much. national border patrol council president brandon judd has long supported whatever action the president wants to take to secure our southern border. so what does he think now? he's with us. brandon, it's on, right, president trump finally invoking the national emergency powers. what do you make of the whole thing? assess where we are at this moment. >> well, i appreciate him invoking national security but what i'm really concerned about is i'm very concerned about the budget. i'm concerned with the provisions in the budget that allows for amnesty for those individuals that are even potential sponsors or household members of potential sponsors. if history is a guide, this is going to allow more unaccompanied minors to work their way up through mexico which is very, very dangerous. it puts them in the hands of smugglers and it's going to allow more uacs to come across the border illegally. if you look at people like congressman chip roy, who was a federal prosecutor, u.s. attorney, when he says there are some serious problems with this, we have to take a look at that and we have to be very concerned. when my organization is saying there's some very serious concerns with this budget, we have to be concerned with how it's going to affect border security. charles: currently, how are the border agents handling, you know, the situation, the spotlight, and even news of additional caravans heading our way? >> our agents are doing a great job, and frankly, that is one thing that i'm very grateful to president trump for, is i'm grateful that he's given us the morale boost that we need to go out there and do our job. when i put on my uniform next week, when i go out and patrol the border, i know that i have an administration that has my back that's going to do for my agents what's necessary for us to secure the border. so from that perspective, we're doing a good job, our agents are doing a good job. we just have to get congress to actually step up and do their job. in this budget deal, the republicans got played. charles: yesterday, there was dan crenshaw, representative out of texas, who i'm sure you know, put out a tweet saying if you could snap your fingers and make the el paso border wall disappear, would you. later on, beto o'rourke, senate candidate there, was posing that same question, saying we know 600 miles of wall and fencing have not made us safer. he would, if he could, snap his fingers and remove all of that. what do you make of that? >> that's dangerous talk. beto o'rourke is flat out wrong. if you look at the areas i have patrolled where we built physical barriers, they worked, it caused illegal immigration to go down exponentially and drug smuggling to go down exponentially. if you look at what we have done, again, using history as a guide, it tells us that these physical barriers are, in fact, effective and we need more of them. again, we need about 300 more miles of primary fencing and if we can get that, we are going to do a lot better job in fact securing the border. charles: thank you very much. appreciate it. >> thank you. charles: so was this move necessary doors it set up a slippery slope? here to discuss, run for america founder david bernstein, republican strategist holly turner and fox news contributor dineen borelli. one of the headlines i saw, it changed for the most part from mainstream media was that border apprehensions are at an all-time low but i went and looked at the data and they were actually referring to 2017. i don't know how they missed 2018 which saw a 16% increase. nevertheless, the idea that this was not an emergency and that president trump also is opening the door for future democratic presidents to abuse the system. >> well, that would be full well anyway because it's president trump. no matter what he says or does. i think this was a good call for him to call for this national emergency because this is about the safety and security of americans. the stats are startling. all you have to do is visit the website of the u.s. border patrol protection and look at the numbers of the drug traffickers, human traffickers, the number of arrests that have been made, women and children who are exploited. these are serious issues that are happening on our border and the president wants to address these issues. so he had to make this move because the republicans, they had two years to do this and they failed to make a move on something that is so crucial that's happening on our borders. charles: how did this become such an issue, the idea, the notion that a sovereign nation doesn't have the right to fortify its border and provide protection for its citizens? >> well, look, democrats are not arguing for the most part that we shouldn't have border security. i think there's a legitimate debate about how best to do it. the process by which we do it is important. this has been a bipartisan issue on both sides for a long time. i think the president's move here to say this is an emergency, there are a whole host of issues in our country that are an emergency, and it does set a dangerous precedent. we don't want to abuse this. this is on dubious constitutional ground. a lot of people's accounts, a lot of respectable legal folks say that. i think it does set a dangerous precedent that republicans are going to be complaining about, i'm sure, back on this panel if we have a democratic president in a number of years. charles: holly? >> listen, an emergency, it is. we have 70,000 people dying every year from drug overdoses, the majority of those drugs coming from our southern border. so to say that it's not an emergency is just fundamentally false. we talked about the angel moms that, i mean, they have lost their loved ones. in the past two years, there were 4,000 arrests of immigrants who are here illegally, were killing. this is a national emergency. i can't think of another issue that would be more important for the president to sign. look, if congress didn't want the president to have such broad measures when they passed the national emergency act in 1976, they would have put some very specific parameters around what a national emergency is. but they did not do that. they had the opportunity and they chose not to. and if they want to rescind it, they can. but the president has the authority to do this. charles: you know, one thing that bothers me is people who just are dead set against this, particularly in the media. they kind of focus on well, a place like el paso, the crime is low. take a look at the economies of san diego and tijuana after the wall went in place. look at how both sides of the wall thrived and it makes a better argument for it but no one talks about the interior of the nation. we have a massive drug epidemic in long island, new york. that doesn't get caught up or included in the conversation about securing our southern border. >> it's also known that you have ms-13 gang members in long island because they have been attacking and killing school children. and they are a threat to the neighborhoods and the society as a whole. but listen, this is about safety and security. i implore the democrats to look in the faces of these angel families, talk to these people and find out what they have gone through. what did they go through when they found out their loved one was killed, a, and b, when they found out it was at the hands of someone who should not have been here in the first place. they were at the press briefing yesterday. charles: listen, it was deplorable how the angel mothers and their families have been sort of dismissed by the media. when you say there are other national emergencies out there, you know, this is not something where you don't have to, you know, we can only do one at a time. there are 31 national emergencies in existence, some that go back 40 years. the idea that you acknowledge that we do want to have something done there, president trump wasn't necessarily asking for a lot. that was a $300 billion spending bill and $21 trillion economy. >> right. the problem exists on a couple fronts. number one, if the president actually wanted to build a wall to secure the southern border, he's going to need a lot more money than what he's put in this budget to do it. on the other hand, if you are actually talking about solving this problem, this is a problem that has always needed a comprehensive solution that's to the very good point about drugs getting into our country, fentanyl is coming in from china just as much -- charles: china sends it to mexico, then it comes through the southern border. >> the demagoguing this is a problem of some drug mules -- charles: isn't it interesting, even if none of that was on the table, the idea that we should have the right to secure our borders the same way every american has a right to have a lock on their front door, it just seems like a no-brainer to me. by the way, here's an interesting thing i read. with these national emergencies, they expire, they are supposed to expire every year. unless the president renews them. senate and house have to meet every six months to decide and consider a vote of termination. well, in 40 years, congress has never met once, not even once, let alone every six months, and that's why we still have national emergencies going back 40 years. but everyone is now worried about an abuse of national emergencies. thank you very much. fired fbi guy andrew mccabe says he and others discussed ways to get president trump out. oh, they are trying to walk that back a little bit but is the damage already done? democrat mark pence says yes. we will see what the former special counsel ken starr thinks. both men are here. we are about to get an update on that deadly workplace shooting in illinois. what investigators are learning about the gunman. after months of wearing only a tiger costume, we're finally going on the trip i've been promising. because with expedia, i saved when i added a hotel to our flight. ♪ so even when she outgrows her costume, we'll never outgrow the memory of our adventure together. unlock savings when you add select hotels to your existing trip. only when you book with expedia. on average, we'll live move more in eleven homes. in the world. and every time we move, things change. apartments become houses, cars become mini vans. as we upgrade and downsize, an allstate agent will do the same for our protection. now that you know the truth, are you in good hands? charles: the shooting in aurora, illinois at the henry pratt company building leaves six people dead, including the gunman and fire police officers injured. authorities now revealing they believe the shooter, an employee there, was about to lose his job. so was this a case of workplace violence or was it something else? fox news correspondent jeff paul is in aurora with the latest. jeff? reporter: yeah, charles, right behind me, that's the manufacturing facility where investigators say the suspected gunman walked inside with a handgun and began shooting. in fact, there are still several police officers here piecing together what's being described as a very large crime scene. take a look at this picture. this is the suspect, 45-year-old gary martin. they say he was an employee at henry pratt and was about to be laid off. they believe he showed up to work yesterday shooting and killing a total of five of his co-workers. one other co-worker was injured as well as five officers who were shot. those officers were some of the first to get to the scene and were running inside hoping to save lives. folks who live in the area near where the shooting happened say they still can't believe it happened. >> i've lived here for 39 years and i have never seen something like this in my life. and seeing just s.w.a.t. and police officers from all over the cities from everywhere, it's just insane. reporter: after searching the building, police found the suspect, engaged with him, eventually shooting and killing him. investigators also searched his home here in aurora but didn't find anything suspicious. we are also learning the suspect had a criminal past that includes doing prison time for aggravated assault. the mayor here in aurora saying that the focus right now needs to be on the five victims who lost their lives. so far, none of those names have been released yet. charles? charles: jeff, before we let you go, what sort of updates or what sort of insight do you think we can expect to hear at this 11:00 update? reporter: i think the big thing that we're expecting is going to be happening at 10:00 local here, 11:00 eastern, possibly some of the names of the victims and then we can start putting more focus on the people who lost their lives in this shooting. other than that, it's hard to really tell what we're going to get. the last update was about 12 hours ago. still as we mentioned in the intro, several police officers here going in and out of this building where that shooting happened. charles? charles: thank you very much. former fbi director, deputy director a oor andrew mccabe tro walk back comments made in his "60 minutes" interview. republicans are demanding answers and a key democratic adviser is, too. that's next. but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed. and while some advisors are happy to earn commissions whether you do well or not. fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. does your customers connecting to the wifi ever slow down your business? yes, it does slow things down. aggravating. it's a nightmare. so our gig-speed network is fast. and we go beyond fast by making it easy to create separate networks for your business and your customers and even control how much bandwidth each of those gets. so your business won't miss a beat. this is a big game changer. this is the new wave, and whoever doesn't get on, i think they would be left behind. just one more way we go beyond at&t. right now get fast, reliable internet and add wifi pro for a low price. comcast business. beyond fast. charles: what is happening in this country right now? >> not only did it happen, charles, but they cast a net so wide without any, any real evidence on anyone. the only evidence they had was this dossier that the clinton campaign paid for that came from russia. the irony in all this, i can't say it enough times, the very thing that they were investigating the trump campaign for which was supposedly getting dirt from russians to use against hillary clinton, that's exactly what the clinton campaign did. so you know, i hope that the new a.g. gets in there and he starts to clean house and so that we can start to put the department of justice and the fbi back together again. charles: former fbi deputy director andrew mccabe telling cbs deputy attorney general rod rosenstein raised high level talks to consider how to kick the president out of office after jim comey's firing. rosenstein was serious about his offer to wear a wire to record the president. rosenstein denies it. top republicans are calling for hearings to get to the bottom of it. now andrew mccabe's office is saying wait a minute, his comments were taken out of context so what's going on here? former clinton adviser mark penn has some ideas. mark joins us now. mark, what a tangled web. explain to the audience what you think is happening here. >> well, you can see why this group has earned the title deep state. first, mccabe is pointing the finger at rosenstein for trying to invoke the 25th amendment and wiretap the president. rosenstein says hey, i didn't do that. but mccabe triggered the obstruction investigation and independent counsel and on what basis did he do so? under quote, the fear that he might be removed. he didn't do it on the basis of an actual crime that occurred. in fact, rather than being shunted away, mccabe was made acting head of the fbi. so rather than wait for new fbi director to come in, be approved by the senate, they maybe see some things were amiss with this dossier, maybe see that christopher steele was fired for lying. rather than that, they created the independent counsel so that they could have this investigation done by their own friends and supporters and that's what was done here and it's totally illegal. charles: you know, i want to read part of a statement that was released by mccabe's office yesterday. part of it reads at no time did mr. mccabe participate in any extended discussions about the use of the 25th amendment, nor is he aware of any such discussions. he was present and participated in a discussion that included a comment by deputy attorney general rod rosenstein regarding the 25th amendment. that's from melissa schwartz, spokeswoman for andrew mccabe. that was on friday, yesterday. mark, you know, when i saw this statement come across, i was like whoa, because the way this is playing out, this "60 minutes" interview, almost an admission for lack of a better word, a de facto coup that the fbi decided they didn't like the outcome of this election and they were plotting on how to count enough noses in the cabinet to possibly trigger a coup. >> that's it. they didn't like the outcome of the election. more importantly, they didn't like that their director was fired. all of this was a retaliatory action of the director being fired even though rod rosenstein wrote the memo to have him fired, they all got together and said maybe we can use the 25th amendment, maybe we can get him out this way, maybe we can hold a wire, oh, maybe we can do an independent counsel, all in retaliatory action for the firing of james comey. what a deep state. what a mess. mccabe was fired for lying. who knows who is telling the truth here. all three of these top figures contradict each other multiple times on multiple stories. charles: the overarching theme here, though, is that you had the highest levels of the fbi who had a degree, varying degrees of animus towards candidate trump, then president trump. some actually talked about taking action if somehow he were to win the election. then we get evidence that the fbi kicking around the idea of somehow invoking the 25th amendment, getting eight of 15 cabinet members, nose counting, if you will, to go ahead and try to remove the duly elected president of the united states. this is shocking stuff. >> it is totally shocking stuff. it is the making of movies. it is everything we grew up fearing about the people that we give the greatest trust to in the government. the 25th amendment does not apply to the fbi. it applies to people in congress and the cabinet for extraordinary circumstances, typically related to the health of the president of the united states. none of which has any application here whatsoever. the whole thing is incredible but even if they didn't use the 25th amendment, what they did was trigger a series of things that now has created a two-year investigation. look, there's a new attorney general coming in and look, the attorney general should tell robert mueller hey, wrap this up, get out your conclusions and if you want to continue investigating, how about having democrats and republicans on your investigation team. how about having a balanced team in order to have credibility. make some changes that are constructive if robert mueller isn't ready to finally give his report and move on. charles: all right. thank you very much. >> thank you. charles: protesters got their way, but what about the 25,000 people who were hopeful of getting a new job when amazon came in town in new york city? the online retailer packing up before they could even deliver, next. why go with anybody else? we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today. it's incredible. i mean, it shows that every day americans still have the power to organize and fight for their communities, and they can have more say in this country than the richest man in the world. charles: new york congresswoman alexandria ocasio-cortez taking heat for seeming to celebrate amazon's decision to leave new york before they even got here. now she's trying to clarify those comments. reporter: a stunning announcement on thursday, amazon canceling its planned hq2 project for new york city. 25,000 potential jobs, no longer coming to the proposed long island city queens location. in a blog post, amazon called out state and local politicians for their opposition to the second headquarters and suggested that is what motivated the company to pull out of the deal. congresswoman alexandria ocasio-cortez, who represents the bronx and queens, initially celebrated the decision as a victory, but backtracked her comments on friday when asked about the criticism she received for celebrating the loss of 25,000 jobs. >> it wasn't a celebration. it's that everyday people in the community stood up and they wanted a say in what was happening in their own backyard. you know, it's not the community's fault that the moment they said hey, what are the details of this, where are the benefits coming from, can we secure more, they came to the negotiating table and amazon said we're not negotiating. we're just going to leave. reporter: governor andrew cuomo a major supporter of the project, putting the blame on ocasio-cortez and others, saying quote, a small group of politicians put their own narrow political interests above their community which poll after poll shows overwhelmingly supported bringing amazon to long island city. the state's economic future and the best interests of the people of this state. the new york state senate has done tremendous damage. they should be held accountable for this lost economic opportunity. mayor bill de blasio expressing his frustration with amazon, saying quote, we gave amazon the opportunity to be a good neighbor and do business in the greatest city in the world. instead of working with the community, amazon threw away that opportunity. de blasio said there was no discussion before amazon made up its mind. amazon said it would continue to develop the other half of hq2 in northern virginia as well as the new office in nashville, tennessee. as for those other cities vying for amazon's business during the year-long search, amazon said it is not considering any other locations at this time. charles: thank you very much. queens chamber of commerce president says the city -- borough is far along in its plans to welcome and support amazon and he joins us now. do you feel this is a done deal? amazon saying they're not going to look back. so whatever you guys had thought you were going to get done, that's done. >> good morning. thanks for having me this morning. i don't think, you can never say never, especially in the city of new york. i think there's been such a groundswell since the announcement on valentine's day regarding this, all day friday we got calls to my office, e-mails, texts and that includes members of the community advisory council, the 45 people, including people from the neighboring housing projects that were deeply, deeply committed and deeply, deeply involved in every aspect of this. and businesses in negotiation, we were just getting ourselves started to get our arms and our hands around this thing. and unfortunately, it didn't go our way right now. charles: some opponents would point to the largest housing project in that neighborhood and of course, the development of a new opportunity zone as one of the reasons why alexandria ocasio-cortezes of the world didn't want this project, thinking that hey, yeah, there are going to be some great-paying jobs but no one in those projects would be able to get those jobs and the only thing that would happen is the starbucks would come in, the whole foods would come in, rents would go up and eventually, all the people who had been living there for several generations would be pushed out. what do you say about that? >> i totally, whole-heartedly disagree. we have engaged the folks over there with maybe the largest job opportunity in the last 75 years, and the next 25 years. we have embraced people like april simpson, who runs the tenant association at the queensbrook projects. bishop taylor, born and raised there, as was his family. we were all over this project to get those people jobs. finally find a way for 25,000 jobs. let me just say, too, people in the chambers of commerce business, people like me in the bronx and brooklyn and all the other ones, the lengths we go to keep a company of 50, 25 people to stay in the city of new york would astound most people, instead of having them go south or to connecticut or new jersey. charles: on that note, does it bother you a little bit that there aren't lower taxes offered to smaller businesses? in other words, you know, a lot of people are saying golly, the richest man in the world, does he need $3 billion break and what about the person that wants to open up a local teeshirt shop? you know, is there something inherently wrong when these big companies can get all of these sort of tax breaks and a small business or would-be business can't? >> i do not agree with that position. the new york city department of small business services has some great programs to help and -- charles: tax policies, the breaks, i mean, you understand there's sort of the other side of the argument here. i'm not saying they're right. but it's gaining momentum. it's gaining momentum in the democratic party. it's gaining momentum against young adults. and it's the sort of thing that's a pushback against american style capitalism that i'm really worried about, because i think this now has been your borough has now become the epicenter of it. >> i would agree. i think the $3 billion was a program that was available to any other company. we just happened to land a large, large opportunity and i think it was all based upon those incentives, were based upon the jobs they were going to deliver. period. that's the way it works. charles: thank you very much. >> thank you very much. charles: a national emergency that isn't getting any headlines, no, i'm not talking about the border wall, but it does involve government spending. find out how a major problem just got a whole lot worse. next. charles: you're looking live at 2020 presidential candidate, new jersey democrat senator cory booker, holding a rally in new hampshire. booker and the other 2020 hopefuls promising and supporting new big government programs from medicare for all to the green new deal. that just as our national debt tops $22 trillion. congratulations, america. neither party really talking about cutting spending, so is this the real national emergency? to jonas, susan and dan. susan, let me start with you. $22 trillion and counting. we paid over $500 billion last year in interest. soon it will be $1 trillion a year. you could buy all the border wall you want with it, almost all the medicare for all. you can do a lot. >> it's a lot. up $2 trillion under the trump administration but on an annualized basis it's less per year than the entire obama eight-year tenure. however, you're right. it does have a market impact, it does have an economic impact because we have to service it and pay it somehow. that drains money from the u.s. economy. charles: can we be honest and say neither party will ever do anything about it? are we inevitably going to have to hit the cliff? listen, in greece there was someone out there for years saying guys, we can't just keep saying 14 months of salary for 12 months of work. we can't let people go on five-month vacations. we can't let people retire at age 50 because they worked in a beauty salon and dangerous hair chemicals. we can't keep doing this. they still hit the wall. >> we are going to hit a wall. i don't know why it used to be the thing the other party that was out of power brought up. now they are kind of off that. it's a little more about what we are going to spend money on. in fact, the thing that bugs me the most about this, they are not even playing, you know, the inequality and they talked about raising taxes, there has been a lot of tax proposals but their spending proposals are bigger than the tax proposals so the problem's not going away. funny thing, the european countries that have all those social programs, they have lower debt to gdp ratios than america and they borrow at lower rates because they have this under control. we are the ones who have lost control. the democrats who want to go into a socialism type model don't have a plan that has the tax revenue base of a european country. >> the u.s. is still more contained than say europe -- not europe, but china and japan. charles: the only major economy -- >> the difference is a country like japan and most of europe borrows at negative interest rates. we do not have that luxury. we borrow at fairly high rates relative to the rest of the world who has their debt under control. or interest payments as a percentage of gdp, which is really all that matters, japan is a negative interest rate, doesn't matter, is a problem area that will get really bad if the rate goes higher. charles: you are a numbers man. a few years ago, these numbers shocked us. when we first saw that debt clock, we were like whoa, you know. this is something almost everyone agreed was a major, major issue. we have become numb to it but you are a numbers guy. talk about the impact of this. >> i think we have become numb to it even though i am a numbers guy. nobody is talking about it anymore. if you go back to 2001, you had the national debt running at 31% of gdp. now we are up to 76% of gdp for our national debt. it's unsustainable. ten years from now -- >> [ inaudible ]. charles: someone watching is saying okay, you know what, we have been warned. maybe we overwarn people. maybe we were too hysterical about it because we didn't go over a cliff. now it's like the boy crying wolf. this is a huge issue, a huge emergency, and no one's talking about it. >> because the number is too big, charles. let me tell you what i mean by that. if you took the average person and said you have $50 million worth of credit card debt. you know what they would say? who cares? i'm never going to be able to pay that. unfortunately, i think our national debt is getting to such a number, we realize we can't pay it. so are we going to go off the cliff? yes, we are going to go off the cliff before anybody's going to do anything about it. because politicians are buying votes, re-electionism, right, through all this spending. that's never going to end unless we are going to do something really bold like term limits. charles: on the democratic side, the number one issue is the earth's temperature will get one degree warmer in a hundred years. we are looking at $22 trillion in debt in our face right now, yet that can't elicit any sort of anxiety or feefrment. >> are you talking about the green new deal? kamala harris' $3 trillion? charles: it's on spend, spend, spend in an effort to curb something that may happen a hundred years from now when there's no way this can be sustainable any length of time. >> you look at the 2020 hopefuls, cory booker wants -- it's just suspending, getting the revenue i think is part of the equation they are missing at this point. for me, i feel like if you want to look at $22 trillion, could be so much worse after the election. charles: it's not, though, the revenues are there. we are bringing in more money, we typically bring in more money when the economy is on fire but the spending is where it never gets curbed. >> we are not at the point of no return yet. charles: we're not? >> no. this is one of the strongest economies so our gdp can grow faster than other economies which can help the problem. but that said, getting to the original problem, even these democrat plans could solve the debt problem if they were like you know what, we want to fix the environment so we are going to tax energy. that's it. we are going to get the debt paid off with it. that sort of could work. >> no. no. >> it's not going to work. >> you are not going to have energy taxes like that. >> they are not going to just tax. they will give incentives. charles: we have to make sure not to overtax, that we curb spending. >> european countries are in a better debt to gdp situation but they are in a lower gdp growth situation because of their tax situation. t it's a balance. charles: we didn't solve anything but it was fun. california planning to sue the trump administration for declaring a national emergency to build the border wall. i wonder how california republican congressman tom mcclintock feels about that. we will ask him. he's next. ama. aka, rocket city, usa. this is a very difficult job. failure is not an option. more than half of employees across the country bring financial stress to work. if you're stressed out financially at home, you're going to be too worried to be able to do a good job. i want to be able to offer all of the benefits that keep them satisfied. it is the people that is really the only asset that you have. put your employees on a path to financial wellness with prudential. bring your challenges. - ( phone ringing )es offers - big button,lized phones... and volume-enhanced phones. get details on this state program. visit right now or call during business hours. do you think this is fun for me? you think i'm having fun? [man on other line] it certainly wasn't much fun to..... do you have eyes on the target? is it her? [man on other line] i can't tell from this photos... ...i need better shots. thank you for flying turkish airlines. taxi! you waiting for someone? no. just... looking. and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program visit right now or call during business hours. charles: the state of california is planning to sue the trump administration for declaring a national emergency to build the border wall. let's talk about this with california's republican congressman tom mcclintock. congressman, thanks for joining us. >> my pleasure, charles. thanks for having me. charles: it's not necessarily manned by dogs as far as the headline is concerned. nevertheless, here we are. california springing into action to save the day. what do you make of it? >> well, they brought an action against the president just a few months ago in the ninth circuit, and were turned down by the ninth circuit which is hardly a bastion of conservatism in the american judicial system. i think the president is on absolutely solid ground. this is an authority that dates back to 1976. it's been used 58 times. we have national emergencies declared that date back 40 years. we have declared them for things like the civil war in sierra-leone, burma, haiti. this is occurring on our southern border right now. 60,000 people a month illegally crossing that border. you look at the statistics, 1800 americans were murdered in 2017 by illegal immigrants. 48,000 violently assaulted. not one of those crimes should have occurred because not one of those criminals should have been in our country to begin with. if that's not a national emergency, i don't know what is. charles: what do you make, representative mcclintock, when the media and your colleagues on the other side of the aisle sort of conveniently overlook those sort of statistics that you just rolled out and say well, border towns are relatively safe and then they conflate somehow illegal immigration with legal immigration, or maybe college educated student from india who overstays their visa. these are deliberately done to inflame and provoke. what do you make of that? >> well, legal and illegal immigration are two very different things. legal immigrants to have a lower rate of committing crimes -- charles: it suggests that even -- >> we should expect that. but there's a lot of data on illegal immigration that suggests that they commit crimes at a much higher rate than the general population. i know there's a study out of texas that says otherwise but there are studies in arizona and a fox news study a few years ago that suggested that there's about a two to three times increase in crimes committed by illegal immigrants. charles: more recently, we have seen an uptick in families, a steady stream of unaccompanied children and we have heard some horrific stories. it's a dangerous trek, particularly coming from central america. you know, could this be argued on a humanitarian basis that a more secure border will deter those things and maybe add to it, more points to apply for asylum throughout mexico and central america, wouldn't that be a more honest way to discuss this and to try to fix this? >> well, of course it would be. the reason why they are making that dangerous trek, putting those children at risk, is because they expect to be granted entry into the united states because we have a porous border. if our immigration laws are actually being enforced, our border is actually being enforced, then the incentive to make that trip drops to zero. and frankly, if we don't enforce our immigration laws, then our borders become meaningless and our country simply becomes a vast open territory between canada and mexico, which, by the way, both have immigration laws and borders they actually enforce. charles: sir, thank you very much. really appreciate it. >> my pleasure. thanks for having me. charles: fair and balanced, we will talk to california's democratic congressman, john garamendi and senate judiciary committee member john kennedy tells president trump how to legally build the wall. plus, former whitewater independent counsel ken starr on new revelations from fired fbi deputy director andrew mccabe. and the police in aurora, illinois are about to give an update on that deadly workplace shooting. we will be there live. what do you look for when you trade? 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why does the state of california take this position when many people say that the border for-- the border wall, fence between t tijuana and san diego has been nothing, but success. crime has stopped on both side of the border walls and economy has soared and it's beneficial for both sides? >> that's certainly true. we've been working with border fence in tijuana and to the east of that for almost four decades. so there's no debate that there's a need for border fence or border wall on certain parts of the mexican border. no doubt about that. this is there's a much more important issue here than a border wall and this is a constitutional issue and i think this is where california is going to go. the congress and the president just signed a piece of legislation on friday to end the shutdown, but that legislation also was very, very clear about how the congress would fund a border wall, border fence and border security. no sooner was that signed into law than the president did something which many of us believe is extra outside of the constitution. article one section nine is very, very clear, no appropriation except through a law passed by congress, and that's exactly what happened. that law also restricted, defined and set how much money and what the wall would be and then the president immediately went over the will of congress by declaring an emergency using another law to achieve that. that's a very, very fundamental question and if you are a strict constitutionalist, as most conservatives are, this is a fundamental issue of the separation of powers and frankly, it needs to be resolved, hopefully resolved in a way that the power of congress, the checks and balances, are maintained. charles: well, i'm not a constitutional expert, but i've been able to interview and speak to several of them and there are varying opinions to your point and maybe it will be resolved. >> sure. charles: but do you then not think though -- does it live up to the idea that this is perhaps a national emergency regardless of whether or not congress has the ability, you know, that congress, usurping congress's power of the purse? >> well, i think the answer is found in the president's words yesterday of, even a cursory review of his press conference would indicate, it wasn't the first thing he brought up. in fact, it was the last thing he brought up at that press conference and then his words seemed to indicate that he knew that this wasn't going to get done very quickly. i would suggest there's a much faster and frankly, a much more constitutional appropriate way to do that and that is is in just three weeks, the president will deliver to coping his budget. and in that budget, he should put in specific information about the wall. where does he want it, how many miles or feet and yards, where it's justified and then by next october 1st, we must pass a new appropriation bill, and that's the normal way to do it and frankly, i think it will be much faster than the route that president has chosen which would be a monumental legal fight as well as a significant political battle. it will be faster and frankly, the outcome will be better because it will be following the strict constitutional format congress has the appropriation power. charles: representative garamendi, always a pleasure, thank you very much. >> you've got it, thank you. charles: fired andrew mccabe creating a firestorm talking about the 25th amendment to get the president out of office. ken starr weighs in next. amily and it really shows. with all that usaa offers why go with anybody else? 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>> i don't think so. bob mueller has the investigation well underway and we have a person of total integrity in bill barr. we saw the hearings were now attorney general barr. you're not going to rough him up. i served under bill barr, a person of great integrity, he's going to call them the way he sees them. i think we're going to make sure through bill barr, that it's a new day at the fbi and frankly, that it's a restoration of the great tradition of a wonderful institution. charles: and agree with you, i have friends who work at fbi and we know that the rank and file members are there doing a patriotic duty. the leadership issues may take a long time to clean up, but, you know, again, i want to get back to-- >> i don't think so, charles. i'm sorry to interrupt, but i don't think so. charles: okay. >> you clean house, you bring the broom in, and i think that it's largely been done. it remains to be seen and i wish we had, frankly, i'm going to be a little critical here that christopher ray would be a little more transparent with the american people and we don't hear from him on what needs to be, restoration of integrity, in terms of reputation, i'm glad you said what you did with the rank and file, traditional people. charles: i'm thinking back to emf emfram zimbalist, jr. >> and we're looking at elliott abrams this week and did she did too far and did it hurt her party. charles: we'll debate that and you'll get a chance to decide. >> if i could respond to that-- >> it wasn't a question, on-- but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed. and while some advisors are happy to earn commissions whether you do well or not. fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management. it's a revolution in sleep. the sleep number 360 smart bed is on sale now, from $899, during the ultimate sleep number event. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to hit the ground running. only at a sleep number store. during our presidents day weekend special, save 50% on the sleep number 360 limited edition smart bed. plus, 36-month financing. ends monday. sleep number... proven quality sleep check in from afar with remote access, ♪ and have professional monitoring backing you up with xfinity home. demo in an xfinity store. call, or go online today. >> i don't understand why members of this committee or the american people should find any testimony that you give today to be truthful. >> if i could respond to that. >> it wasn't a question. on-- that was not a question. >> i would-- >> that was -- i reserve the right to my time. >> it is not right-- >> that was not a question. >> that members of this committee can attack a witness and not permit today reply. >> that was not a question. >> in a heated exchange on capitol hill. ilhan omar asked special envoy to venezuela elliott abrams about his 1991 guilty plea withholding information in the iran-contra affair and he was pardoned by george w. bush. is this helping or hurting the party? david bernstein, g.o.p. strategist, holly turner and fox news contributor janine burrelly. david, let me start with you. it was not pleasant to watch th that, as a democratic representative, how do you feel about that? >> well, look, i think that representative omar is not having a great week, a couple of weeks here in her introduction to congress because on a certain level while i think the people who came into congress, they did come here and they have a mandate from voters to hold the trump administration accountable and hold them to account, you have to do that with a little bit more intentionality and decorum. while mr. abrams was convicted of a crime a long time ago, is this the kind of issue that's going to move voters? i think she probably hurt her cause more than she helped it, although i'm sure she endeared her base by going after a republican. >> you have a campaign and sort of a fire and vigor and anger, maybe, that might appeal to certain people, but there's a certain way you also comport yourself once you arrive in washington d.c. >> note to steph to anyone washington, na could happen to you. i think for her to be a freshman in congress and such a young person, she has a billing chip on her shoulder and it's not just a bad week. i think this is going to be something going forward. we're going to be seeing and hearing all kinds of antics from this woman and it's showing how radical the left is becoming. she's treating this man like that. you have the left and how they're moving toward the anti-capitalism aspect. we're going to see more and more radicalism i think coming from the left especially as we approach 2020 elections. charles: a lot of the newbies are angry and representing angry constituents and they're saying, hey, we're representing constituents who felt like they've been left out of this great american experience. they're angry about it and they're elected to be their spokesperson. >> i don't think their constituents are telling them that. charles: i wouldn't be surprise if she went back to her district to a heroes welcome. >> i disagree. >> i talked to members of the jewish community, and they're upset, afraid for their community and they endorsed her. they tried to put forth open mindedness and likely to win and publicly endorsed her and supported her in her campaign and they're alarmed by the rhetoric coming out. she hijacked that committee hearing with her anti-american rhetoric. it's-- >> what about recent immigrants in her district and muslim voters there? >> well if what she's saying is representative of what they're thinking, then we have got a lot of work in front of us and i'm afraid for the democrat party. they've gone far left and the anti-american jargon and words coming from all members of the party. and the leadership is not reprimanding them, it's-- >> in this particular case, i mean, that may be not in this hearing, but she was taken to task by nancy pelosi, which a lot of people applauded on both sides of the aisle. >> for other anti-semitic remarks and then she went on and did this. charles: david, that's the problem. also, do you go to washington d.c. to create solutions or is she going to be just there and her other colleagues to stir the pot to express anger, to finger point. when do they present solutions for things? >> i think we can all admit that what's happened to quote, unquote, hearing system in washington d.c. has turned into a bit of a farce. no one is trying to find out any answers to a hearing and no one is trying to give witnesses a fair shake. charles: that was embarrassing. would you admit as a democrat. >> no more embarrassing frankly than the hearings that republicans gave while they were in the majority. we should take the television cameras out of these rooms. it might be bad for this network, but much better for the the-- >> final word. >> i think it's telling of a sign of things to come from the left. charles: we reached out to congress woman omar and mr. abrams and they were unavailable. and john kennedy says that the president needs to keep fighting for the border wall. he's here. what?! i'm here to steal your car because, well, that's my job. what? 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[crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪ >> congress's failed to do their job. they've left the president with no option. he has to do this to safeguard the security of this country. i've tried to reach out to several different committees, where i wanted to say, hey, look, i'm here. i want to talk to you on both sides of the aisle. i've been met well on the republican side. not the democratic side. that's a fact. charles: the border chief under the obama administration, that was mark morgan, telling me that president trump had every right to declare a national emergency and he even tried meeting with democrats to discuss the border situation. but he was ignored. joining us now on the phone, republican louisiana senator john kennedy. kennedy, senator kennedy sits on the budget and judiciary committee. thanks for joining us. >> you bet, charles. charles: a lot of discussion, a lot of debate whether or not president trump has, a, the authority and b, whether it's necessary, what do you say to these things? >> i don't share the hysteria of some of my colleagues about the national emergency act. it doesn't scare me. look, i just lost this week, we all did, a southern state allow some well-intentioned crazies to piss away 25,000 six-figure jobs in a new york minute. that scares me. the national emergency acts does not scare me. the president is using powers given to him by congress, past presidents have used the statute 60 times, two to move money arou around. it will undoubtedly be litigated. anybody who knows a law book from an l.l. bean category understands that ultimately the u.s. supreme court will give us on this. in the meantime, the president's going to do the very best job that he can to secure our border and that's-- for 25 years, charles, i have watched big government republicans and rich carlton democrats in this town refuse to enforce america's immigration laws and trump's only sin is that he is abiding by the rule of law, enforcing. and any fair-minded person, any fair-minded person knows you cannot secure 1900 miles of real estate without a barrier. ask israel. charles: well, to that point, sir, the same question, a similar question was posed to former congressman beto o'rourke of texas and he actually said if he could, if he had the ability to, he would actually remove existing barrier walls and fences along el paso, that he thinks that they don't work, that there's no demonstrable evidence that they keep americans safer. >> well, no disrespect, but look at the facts. when we built the wall at san diego, then el paso, in yuma, illegal immigration dropped 88%. did it stop all of it? no, but it stopped most of it. there's a reason that israel has 435 mile border wall with the west bank, it stops terrorists, not all of it, but most of it. there's a reason that saudi arabia built 1100 border wall with yemen and 600 border wall with iraq. there's a reason that indian has had a border wall and norway and malaysia. i don't know that -- if he thinks border walls don't work, if he thinks we ought to tear them down after the american people spent billions of dollars of their hard-earned money, then mr. beto is just wrong. he's been-- he and willie have been together. >> i want to ask you, and you alluded to knowing the law. and when i listen to nancy pelosi and the questions that were posed to her this week, she realizes ultimately a legal challenge will fail. she has redirected her attack on this national emergency suggesting that, well, maybe republicans will rue the day this was used because ultimately a democratic senator will be able to use it to enforce their own version of gun control laws, their own actions against climate change, and a variety of other topics. are you worried at some point a democratic president will be able to use national emergencies to to circumvent congress and put out their own laws. >> speaker pelosi, great respect, is making the argument that a future democratic president wouldn't have enough sense or staff would have enough sense to understand the financial emergency exists and used 60 times by former presidents. so the idea that this is some sort of unprecedented measure by president trump is -- and she knows that, it's just an excuse. and this is not complicated. legal immigration, we welcome a million people a year legally to our country. legal immigration makes our country strong. illegal immigration undermines legal immigration. and by the way, illegal immigration is illegal, duh. speaker pelosi needs to admit she makes no distinction between legal and illegal immigration, i disagree with her. i've listened to her talk about the rule of law with the mueller investigation. and when it comes to immigration laws, she wants to ignore the rule of law. i mean, the hypocrisy is breathtaking. charles: senator kennedy, thank you very, very much. we always appreciate your thoughts and i'll relay your thoughts to the citizens of new york city, exactly what happened to them in the new york city and new york minute with the amazon news. thank you-- >> kudos to governor cuomo. we don't agree a lot, but at least he tried. charles: he did try. >> at least he tried. charles: now maybe he'll just start to lower taxes and that's another way he can maybe fix it for the future. sir, thank you very much, always appreciate it. >> you bet. charles: the aurora, illinois police department, they're getting ready to give an update on the deadly workplace shooting. we're expecting to learn more about the suspect and five victims that he killed. we will be there live. 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look at it, it looks like it was sour grapes from a few smaller new york senators, some concerns about the union and the power that the union still has in new york city. so, really, small players being upset about being left out and this decision largely being handled through albany. so, for us, as a new york city resident it's incredibly disappointing that we can still have, you know, very small interest controlling what would have been a very beneficial use case. from an amazon perspective and stock perspective is what i'm thinking about, this actually looks good. there's a lot of opportunity for amazon to grow in its other hubs. a lot of other areas it can pick, i don't see it being a detriment at all for amazon, it's a loss for new york city. charles: amazon when they started this thing, the criteria had nothing to do with tax breaks. they wanted to be near universities, great housing systems, with are they wouldn't necessarily jack up home prices or disrupt the local area, where they would have transportation so they laid out a bunch of things they wanted which narrows potential candidates, but never said hey, if you don't give us the gigantic tax break we won't show up and some people say that's what they wanted the whole time. >> amazon is notorious for not wanting to pay taxes. charles: and pretty successful at it, also. >> they have been of the let's be clear on taxes played a role on this. from the standpoint of new york, so there's 300,000 tech jobs in new york city. so, not gaining 25,000 more is not that big a deal. however, it's the messaging that new york is sending to say, we are not really receptive to having tech giants come in and maybe we don't want to compete for their business anymore. and one other thing, and you and i talked about this, charles, when amazon went to the $15 an hour minimum wage, the left was praising them. now what happened? amazon becomes the enemy instead of the friend of the left, go figure. >> i think the fact it comes across that new york city isn't business friendly. that's what's concerning. charles: there's been a mass exodus out of new york city and new york state for a long time. >> make new york more friendly to all businesses and not the company, didn't pay taxes, and even though the owner is a billionaire. the top six cities in the world for venture capital are all in america and they collect, boston, new york and four in california, l.a., san francisco, whatever. google is going to add-- is going to be a 25,000 people in new york in probably a year or two because the talent here, infrastructure here, quality of life. they need to be near the eco system. that says that new york can't get sloppy and lazy because there's taxes you can't deduct-- very high income taxes of the six cities new york is the highest state. charles: and a lot of individuals-- >> and new york needs to address the issues. as far as handing out the red carpet to this company that went around the country trying to cut deals with everybody, i think they overdid it, i don't think that new york has to do it. other places have to, nevada got tesla because texas loss them and texas is a no tax, and you don't want to anow a billionaire. the reason he left we're not kissing his butt. he wants his butt kissed just like nevada did to elon musk. i don't think that new york needs the jobs. a top location, keep it a top location and competitive for everybody, but deliver infrastructure, quality employees. >> we may not need it, but it would have been beneficial and i don't see it necessarily as purely just about taxes. i think it's also about, they don't want the negative publicity. they've got plenty of negative publicity going on right now and adding that with new york is just one more step saying, look, i'm out, i'm done. charles: and we had governor cuomo saying to his party, we can't go back to tax the rich well anymore. that the 1% pay 46% of our taxes and this comes out that last year governor brown admitted in california 1% pays 48% of taxes. the idea going off and hijacking the wealth of the 1%, it ain't working no more. >> wealth is mobile, charles and that's what everybody needs to understand. if you're going to overtax the rich in one place, they're simply going to migrate to another and the bigger picture here, the states are competing, they're competing to attract wealthy taxpayers and they're competing to attract corporations. and that's the bottom line. >> but in the meantime, we see where the presidential candidates at least ones to announce thus far, including kamala harris who happens to be in south carolina right now. they're putting out policies that are very hostile to the 1% and actually, you know, they're-- all of their economic policies begin with taking the money from the 1% to jump start them, because we have-- we have the press conference now? i'm sorry, folks, let's go to aurora, illinois, the police department are giving us an update on that deadly workplace shooting. let's listen in. >> followed by information from the assistant officially in charge, brendan ivor from the chicago field office. we're going to follow with a brief overview of yesterday's timeline by deputy chief keith jackson. and then following that, we're going to return to the chief for brief questions. okay? chief. >> good morning, everyone. my name is kristin zeman, before i begin with the update i want to give a heartfelt thanks to our citizens and business owners in aurora, who has delivered food, gifts and well wishes for our officers in recovery. and gratitude to our law enforcement brothers and sisters across the nation and beyond who have reached out to us. it means so much to all of us to know that you're sending positive energy for our officers who are injured, the responding officers, and the victims' families. as we relentlessly pursue answers to questions on why a person could do such a thing, we feel the support from all of you and my cup runeth over. i'd like to provide an update on the condition of our officers who are still being treated for their injuries for yesterday's shooting incident. all five of our officers are recovering under the care of physicians in the chicago metro area. officer one is a male, 39 years of age, with 13 years of service here at the aurora police department. this officer suffered a gunshot wound to his lower extremities and is in stable condition at the local hospital. officer two a male, 52 years of age with 25 years of service at aurora police department. this officer suffered a gunshot wound to his upper extremity. he was treated and will be released from the hospital later this morning. officer three is a male, 52 years old with 24 years of service here at aurora police department. he suffered a gunshot wound to the lower extremities, he was treated and released from the hospital yesterday. officer four a male, 53 years of age with 30 years of service. this officer also suffered a gunshot wound to the lower extremity and was treated in an area hospital. officer five, a male, 24 years of age with just under four years of service. this officer suffered a series of shrapnel wounds to the upper extremities, currently being treated and is in stable condition at a local hospital. officer six, a male 23 years of age with two years of experience is here at aurora police department, suffered a minor injury while responding to the incident and not related to gunfire. all of the officers' injuries are considered nonlife threatening. and the victims of henry pratt of yesterday's shooting. clayton parks of elgin, illinoisment. trevor weiner of de kalb, illinois, an intern at henry pratt and a student at northern illinois university. russell bier he, a mold operator at henry pratt. vincente juarez, a stock room attendant and forklift operator at henry pratt. josh pinkard of oswego, illinois, plant manager for henry pratt. another shooting victim a male employee treated at an area hospital for gunshot wounds. preliminary investigation that the deceased victims were located in the same general area of the henry pratt facilities. while the investigation is ongoing, we believe there is only one assailaassailant. here is what we know about the shooter, 45 years of age, lived in the 1900 block of sal martin road in aurora, six prior arrests, traffic and domestic battery related issues. last arrest in aurora, in 2008 violating an order of protection. the last arrest in 2017 by the oswego police department for criminal damage to property. regarding the weapon in the shooting incident. in january of 2014, the shooter was issued a firearm owners identification card. on march 6th, 2014 he applied to purchase a handgun, smith & wesson .40 caliber gun from that same dealer. march 16th, 2014, the shooter applied for a concealed carry permit at an unknown location. during fingerprinting and background process, it was discovered that he had a felony conviction for aggravated assault out of mississippi. the date of that conviction was august 3rd, 1995. it should be noted that this conviction would not necessarily have shown up on a criminal background check conducted for the card. once this felony conviction was discovered the offender's concealed and carry per miss was rejected and the card was revoked by the illinois state police. and assistant from the field division is here and able to describe how a firearm is traced. >> thank you, chief. good morning. so a.t.f. initiates a trace of a firearm. we start with the manufacturer of that firearm. from the manufacturer, we follow that firearm down to the distributor, from the distributor down to the local federal firearms licensee and ultimately to the first initial purchaser of the firearm. if we need to, we'll follow that firearm from the first initial purchaser and ultimately into the hands of the final possessor of the firearm. once we get all this have information, we actively and proactively share it with our state and local counterparts who have a vested interest in the investigation in this case, with the aurora police department. >> okay. >> thank you. >> well, first, i'd like to give you a rundown of resources that was used yesterday. we used approximately eight s.w.a.t. teams from the federal, all the way to the local level. approximately 25 to 35 agencies responded, consisting of approximately 200 to 300 officers. and as i go through the timeline there will be a reference made to contact teams and to rescue force teams. we used approximately eight contact teams throughout the initial search to look for the offender. those contact teams were made up of approximately six to eight officers. we also formed approximately 13 rescue tech force teams which consisted of approximately eight officers and three medics or personnel from the fire department. to start with the timeline. the original call came in 13:24, officers were dispatched it 641 archer avenue, active shooter in the plant. second call, 13:24 hours, caller stating shots fired, employees being terminated. 13:25 hours, two shots fired inside the warehouse. 13:25 hours, shots were heard over the phone. 13:26 hours, more shots fired. 13:27 hours, more shots fired. those calls were calls that came into our 911 center. at 13:28 hours, our first officers were responded to the scene. at 13:28 hours, the determination was made to activate our special response team. at 13:30 hours, first report of an officer being shot. at 13:31 hours, indication made there was four victims upstairs. 13:31 hours, indication made that there's a victim in the bay. all of these victims, they were referenced were determined to be deceased at that time. 13:32 hours, more shots fired. at 13:32 hours the second officer reported being shot. 13:33 hours to 13:33 hours, more shots were reported, being fire from our officers. 13:34 hours third officer reported being shot. 13:35 hours a fourth officer reported being shot. between 13:37 hours and 13:52 hours hour personnel were responding to extract some of the wounded officers at the scene. at 13:31 hours, the bearcat breached the facility to allow aid in entry of officers responding to the scene. at the point in which the bearcat breached the scene and they recovered the wounded officers, a simultaneous operation began to look for injured, recover the officers, and also start clearing the warehouse. from 13:52 hours up until 14:58 hours no contact was made with the offender. at 14:58 hours officers indicated contact made. at 14:59 hours confirmation was made that the suspect had been neutralized. >> okay, so at some point when we have the ability, we're going to release an itemized version of the timeline via our social media outlets and working on releasing a somewhat limited preview of some 911 tapes that might be coming in that we can release to you sometime in the near future. i'll open it up briefly for questions from the chief. chief. >> go ahead, sir. >> could you clarify was he fired in the morning and then he began shooting? or had he been fired? and was he an employee yesterday when he walked in the door? >> my understanding, yes, according to witness at the scene who was part of that termination meeting, is that he reported for work and during this meeting he was terminated, and my understanding from the witness is is that he opened fire right after the termination. >> at the person who fired him. >> correct. >> and then he moved out of the room and began shooting? >> we believe several people involved in that meeting are the ones who are deceased, yes. >> the events relating to the license-- revocation of his card indicate he was in illegal possession of that gun? >> that's correct. >> was someone to go out and take that-- >> that's part of our investigation, we'll report at a later time. he was not to be in possession of a firearm. >> it was his own gun he initially purchased, correct? >> correct. >> the suspect shooter killed by a single bullet or-- >> you're watching the aurora illinois police department, including onscreen police chief kristen ziman, and going over the workplace events that apparently began in the human resources department human resources and five victims of the killer. the press conference will continue and we'll continue to cover it as well. you're watching fox news. i'm worried about my parents' retirement. don't worry. voya helps them to and through retirement... dealing with today's expenses... while helping plan, invest and protect for the future. so they'll be okay? i think they'll be fine. voya. helping you to and through retirement. whooo! want to take your next vacation to new heights? tripadvisor now lets you book over a hundred thousand tours, attractions, and experiences in destinations around the world! like new york! from bus tours, to breathtaking adventures, tripadvisor makes it easy to find and book amazing things to do. and you can cancel most bookings up to 24 hours in advance for a full refund. so you can make your next trip... monumental! read reviews check hotel prices book things to do tripadvisor >> and a fox news alert, as you heard. police still trying to figure out the motive behind the shooting that left five dead, six others injured in aurora, illinois. 11 a.m. outside of chicago. police now just wrapping up a news conference. welcome to america's news headquarters from washington. a lot to get to today. i'm leland vittert. kristen: i'm kristin fisher. and police identified the gunman, saying that he was set to let go from the job of 15 years when he opened fire in the workplace. our jeff paul is live in aurora, what are you learning? >>

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