First step to doing that if he does not see a path for the wall to get to the legislative process as democrats continue to refuse to give any money. The second step is another Major Development tonight. We learned that the u. S. Army corps of engineers is now looking to tap 14 billion of Disaster Relief funds to build that 300 miles of new barrier, and democrats continue to give the president any money, even though some of those very same democrats in the center, like chuck schumer, used to be behind the barrier. We have the tape. Meanwhile, democrats in a speaker Nancy Pelosis chamber are attacking the president on a new front tonight, or really an old friend. Michael, has been invited to testify at what is expected to be an explosive hearing next month. In a couple moments, some big reaction. We are asking why democrats are making their first witness someone who has admitted to lying to congress. Hello, i am in for shannon tonight. We begin with a live fox news coverage. We are looking at what will happen as the president declares a National Emergency. Examining what the democrats are planning for Michael Cohen, lets kick it off tonight with Kristin Fisher with bipartisan talks of trying to get the wall open. Good evening. Good evening, and you know these negotiations are not going well when senator Lindsey Graham says he has never been more depressed about finding a way out of those shut down. That is a direct quote. Up until this afternoon he was hopeful that this might do the trick but then President Trump killed it. He has given up and is urging President Trump to go ahead and declare a National Emergency at the border. I always said it would be the last resort, we are there. There is no pathway forward that i can see so the president believes it is in his power, it seems to be the only player left. I dont see any action in the congress. Chris combs is calling that unwise advice. I think for the president to use Emergency Powers and our armed forces to construct a border wall is not a good president to set, and i suspect if the president listens to that advice he will end up in court fairly quickly, and i suspect he wont be successful. But President Trump remains convinced that he does have the Legal Authority to declare a National Emergency appeared at the White House Counsel Office has been looking into it for several days now. Officials have been trying to build the case for it all week. Tonight, President Trump said this as he was finishing up his tour of the border. He said, we have the absolute right to declare a National Emergency, and this is security stuff. A National Emergency. He went on to say that if we dont make a deal with congress, most likely i will do that. I would actually say i would. I cant imagine any reason why not, because i am allowed to do it. The law is 100 on my side. The big question now is if President Trump declares a National Emergency, where with the money come from to build this wall or barrier . On this trip to the border, the president brought the commanding general to the army corps of engineers with him, and the White House Press secretary has confirmed that the administration is asking him to find ways to fund it from the army corps of engineers budget. That means money could come from a nearly 14 billion Disaster Relief fund, money that was meant to help california after its wildfires, and texas, florida, and puerto rico after the hurricanes. Already the puerto rican delegate is calling that policy unacceptable. But one is unacceptable for the roughly 800,000 federal employees impacted by the shutdown is that tomorrow, they will miss their first paychecks, and that is going to really ramp up pressure on the president and democrats exponentially. Ed both sides on the line tonight. We appreciate that report. What happens if the president declares a National Emergency . Trick alice even though senior advisors are cautioning President Trump that using military funds to build the wall could have negative ramifications for the white house, the president says the declaration remains atop option and by most accounts it would be immediately challenged in court, but the more legal as experts look into the wall, the more they conclude President Trump could very well win. Even cnn acknowledges the president s Emergency Powers are broad. Watch. As a purely legal matter, it is hard for me to imagine the courts finding a plaintiff withstanding, that is, a plaintiff with the legal right to sue, to stop this at any early point in the process. The Washington Post went a step further saying, lawyers who take an Emergency Declaration thinking of unconstitutional are also hardpressed to say exactly who would stop the president. For example, the Supreme Court could, but that might not happen until after the wall was built. The post also said the president cited moving money around for years and that a little known code governing military allows the defense secretary to military Construction Products in times of emergency. Others argue it will come down to the president s definition of emergency. The problem is the National Emergency act doesnt offer a definition. The most plausible legal challenge might come from someone who was actually harmed by the wall being built, meaning their property is taken through eminent domain. One woman, whose land sits along the rio grande, told the Associated Press she would not take 1 trillion for her land, and environmentalists also warned about how dangerous the wall would be to some species. Listen. Uncle sam is going to impact that dramatically by eliminating all of these trees full of nests, eggs, baby birds, piling them up somewhere and burning them. In the end, congress could also move to block an Emergency Declaration, but finding a vetoproof majority would be a very tall order indeed. Ed absolutely, thank you. To the president meanwhile standing firm, telling our very own sean hannity a short while ago he is not changing his mind. Look, we are not going anywhere, we are not changing our minds because there was nothing to change her mind about appeared at the wall works. Its not a question about, maybe it wont work. It will work 100 . What we need is a barrier. If we dont have a steel or concrete barrier, we are wasting a lot of time. Ed dan patrick, he was on the border with the president today. Good evening. Good to be with you. Ed lets start simply, what did you see . We can debate this in congress but you were actually at the border. What did you see . What do you want our viewers to know tonight . I have been there many times and i think it is great that the president was there today and the testimony you heard today, including families who have lost loved ones to violence against their loved ones by illegal aliens, the economic impact, but when the president actually went too close to the border and realized and people think this is a big river, the rio grande. It can be sometimes, raging waters and storms, but you can walk across it. Many families just walk across it. Heres the deal, this is a National Emergency. Im not a lawyer, but i also have talked to many lawyers who believe that the president has this power. I totally support this, if congress does not work with him, because it is a National Emergency. It is a manufactured coverup by the democrats. When we apprehended 500,000 people at the border last year, we get one out of every five, so another 2 million men, plus the drugs and violence. Ed another point, i read the transcripts closely, and one of the Border Patrol agents and told the president that at that one stretch where he was on the southern border, they have arrested people from 41 countries. When democrats say its just honduras and guatemala and people are not coming from the middle east, they came from places like pakistan, sir. We track it every week, i can tell you. Last week, we arrested apprehended 41 people from china, brazil, all over the world. We documented and now it is public. 51 people from countries of interest where terrorism is bread, and we know we have many more in classified documents. This is real, this is a national crisis, a humanitarian crisis, and this president is right, and we are with him all the way in texas. Ed two quick questions, the news of the night. First of all, the idea that the army corps of engineers will use already appropriated money, that could come out of money that was not only intended for puerto rico but your state of texas. Are you okay if people in texas do not get disaster money in order to help build the wall . Yes or no. We have a great president , we will get money for both, and i am not concerned about that. He will take care of us for hurricane relief, and we will get the money to build the wall. One quick fact to put this in perspective, four or 5 miles from the president is a 4 Million People, they havent had a police force in five years because drug cartels have threatened them all. That is 4 miles away from american soil. We need a wall to keep the violence out, particularly in the Rio Grande Valley where about half of the people who came in last year were illegal. Ed the last question, legal standing, theres a question about whether there will be a legal challenge to the president of declaring a National Emergency moving forward with army corps of engineers funds, and the legal standing, the people who are landowners in your state who are saying, as you just heard, we dont want a wall built, i wont sell my property for 1 trillion. What do you say to citizens of your state of texas who say, dont build the wall on my land . First of all we had land owners who want to the wall you are always going to find people against eminent domain, whether you are building a road anytime the government tries to take land someone is going to say, you cant take my land. We will offer a fair price and if it goes to court, it goes to court. We are already ready to build a 22 miles in february, and those have already been taken care of. You are always going to have someone to object to that, but we will win in the court and again, this is a National Emergency. We have 25, 30 Million People here illegally, eight to 10 of our population. This is a National Emergency and the president is right, and everyone was there and the majority supporting him. Ed a very direct answer, we appreciate you saying that in coming out tonight and making some news, thank you. Thank you. Ed breaking tonight, the president s former fixer Michael Cohen has agreed to testify in public in front of the house which is now run by democrats. Good evening, david. Michael cohen will head to the capital on february 7th. He has been there before, he admitted to lying to members of congress. Democrats now in control of the house are looking to shift the focus from the fbi and Justice Department directly to the president. Michael cohen will head to washington early next month, and late today he made it clear he is ready to appear before the House Oversight committee. He said, i look forward to having the privilege of being afforded a platform with which to give a full and credible account of the event which have transpired. Now the democrats have the house majority, they have invited cohen to testify about a myriad of topics involving President Trump. Cohen is heading to prison in march for tax evasion, Campaign Finance violations, and lying to members of the house and senate about a proposed trump tower project in russia. Elijah cummings, who invited cohen, downplayed the upcoming testimony to fox news. Personally, we will also have a major hearing with regard to lowering prescription drugs, so we are going to be pretty busy. Though cohen hearing is just 1 of 3 things, three hearings that we have announced. Jim jordan said in a statement, chairman cummings promised to pursue a rigorous, responsible, factbased oversight. However, the chairmans announcement today suggests he will be using the committee as a venue for political theater, rather than legitimate oversigh oversight. The president on the u. S. Border in texas today was asked about cohens upcoming appearance. Im not worried about it at all. But members and the majority brush off the word theater, and promised cold, hard facts. It certainly opens the window that we havent had the opportunity to hear from him, and when you think about over the last two years, we have had very little oversight over this administration. This is probably just the crack in the window that starts the process of real oversight. The president s personal attorney Rudy Giuliani told fox news today, cohen is thoroughly discredited liar. Ed lets bring in the ranking publican on the House Oversight committee, congressman, we appreciate you being here live. What is your direct reaction . First, the hearing that the Democratic Congress has, they bring in a convicted felon. Think about this, this guys going to prison in two months. First big hearing and hes going to prison why . Because he lied to congress, and that is your first big witness . If this doesnt underscore the fact that they are totally focused on getting the president and not undoing what is best for the country, i dont know what remember what happened a week ago . What is the first thing the congressman for california said . Impeachment. At the terrible things he said about the president. This just seems to be where they want to go. I think it is just showing they are not focused on what is best for the country. Ed on the other head hand,o be fair to Michael Cohen, he said people make mistakes, he lied previously, and he is trying to make amends now and come to grips and tell the truth. This happens to people. For a year and half, we have tried to get to the bottom of what the fbi did when they sent one partys opposition document, took it to a secret court to file on President Trumps campaign. All these hearings and depositions, we start to ask questions oh, cant answer. Fbi lawyers, doj lawyers say the prison cant answer because it might get into muellers investigation, and now who are the democrats bringing in . Those star witness for the mueller investigation. You would laugh if it wasnt so serious. Ed elijah cummings, this is what they say about how they insisted they are not in pairing with the muellers probe. We are going to make sure that we do absolutely nothing to interfere with the mueller investigation. That is very, very important to us. I dont want to make a representation of those special counsel. We will obviously be in contact with the investigation before our committee, but we need to get a full account of what took place. Ed it sounds like a key part of that is that, we will be in consultation with mueller. He says they are in the process of talking to the special counsel. I said in the deposition, mark meadows, myself, a number of us said we would ask legitimate questions are designed to get at the facts and they would say no, no. They cant answer. Now theyre going to have the star witness in an open hearing . Look, i dont see how they get through that. The other thing that bothers me about this, do you know who we need in front of the committee . Rod rosenstein. Three and half months ago, it is reported in all the Mainstream Press that Rod Rosenstein said to subordinates he was thinking about wearing a wire to record the president. Ed and may be invoked the 20 for the men meant. He kept saying he couldnt testify, he was busy. When we did have james baker, former chief counsel of the fbi, we asked him about Rod Rosensteins statements and what he heard and james baker fbi chief counsel said, he thinks Rod Rosenstein was serious about those two things and we sent a letter yesterday, we want Rod Rosenstein to come in. We havent heard from him about that but we got a big press release about Michael Cohen come a convicted, coming into the committee. Ed thank you so much. Did Cnns Jim Acosta accidentally prove that border walls work . Getting mocked across social media for a video. In his defense, the tweet, if the barrier he reported on today works, maybe there is not a crisis as the president claims. Plus, one lawmaker is giving back donations from ed buck, the democratic donor whose apartment has been the scene of two untimely deaths. And later, are some Top Democrats being anticatholic . T