Will be determined by the courts. I know there are various li lawsuits, my state, now attorney governor is following a lawsuit, the courts will decide that issue. I think its incumbent upon republicans to come up with our own agenda, a positive, constructive agenda that will lead, i believe with my bill, and that will be the Border Security bill. Meanwhile the president is shrugging off criticism again calling on congress to pass a bill. Chief Congressional Correspondent joins us, mike, this weekend really saw no cooling down at all. Harris, no doubt about that. President obama says the president s execute prosecutorial the constitution gives congress the authority to establish our immigration laws and what the president announced this week is a wholesale refusal to follow our immigration laws. I do think that the president moved beyond his authority, no less than the Washington PostEditorial Board has opined about that. Having said that, from my role in the senate, i think we ought to put legislation on the president s desk, that ought to be the response. Speaker john boehner is promising the house will respond to the president going around congress. While the president has pushed congress to pass a bill, leadership aides say that isnt true, arguing the white house is threatening the veto any immigration bill it doesnt like. The challenge is finding a consensus legislative response. Harris . And quickly, i would imagine, you know its interesting to hear some political analysts sort of opine and sigh on friday, well by the time the weekends goes by, this will be behind us, no one can flip this in the other direction, im curious, is the about or his allies going to have to justify going around congress . President obama is pushing back on those saying hes gone beyond the power with his unilateral action on immigration. The president told George Stephanopoulus that what is absolutely true is that we couldnt solve the entire problem and couldnt p solve the entire problem, but what we can do is to prioritize felons, criminals, recent arrivals, folks who are coming right at the border. Now democratic allies are looking ahead to implementation, offering this advice to those eligible under mr. Obamas plan. Im going to stay to them, come out, come forward, register with the government. Go through a criminal background check and if you come back with a clean bill of health, im going to give you a work permit so you can work and pay taxes and get right with the law. Congressmen are getting an ear full from all sides of this issue. Yeah, lots of people off for the holiday and gaining access to the local and national lawmakers, as youre pointing out. A world away now in afghanistan, a bomber has targeted a volleyball tournament and at least 45 people where dead, its happened on a far east province. Officials say the bomber was mingling in the crowd when the device blew up. No group has officially claimed responsibility for that attack. Also in afghanistan, the countrys parliament has approved a bilateral security deal. That deal will allow 12,000 military personnel to stay behind and primarily a supportive role. U. S. Combat operations as you know are set to end next month. Well, no agreement would be better than a bad one when it comes to do a deal with iran over nuke clear power. Benjamin netanyahu is actively watching along with the rest of the world. The u. S. Is approaching the netanyahu is telling the United States not to give away too much to tehran, warning repercussions would threaten all of humanity. I think the key principle is this, dont dismantle sanctions before you gudismantle irans capacity to make a nuclear bomb. If for any reason the United States and the other powers agree to leave iran with that capacity to break out, i think that would be a historic mistake. Secretary of state john kerry met with irans foreign minutestminute st minister again today. Reporter the secretary talking late into the evening into his european counterpart about how to save the day tomorrow. Before heading into that gathering the british Prime Minister josaid that the deal i really down to the wire. For the moment, were down to the wire, a big push tomorrow morning to try and get this across the line. Again if were not able to do it, well look at where we go from there. At but at the moment, everyone is looking at how to try to bridge that gap in the meeting tomorrow with thor rae iranians. The saudis flew in to meet kerry earlier. Every one of these meetings has been highly confidential, probably because the contentions on either side may not be political palatable back home for any of these players, but we do know that the Sticking Point in all of this is this, how far will iran go and what if iran continues to try and make weapons in secret after striking a deal with the international community. Well the protest against the negotiations and tighter sanctions continuing against iran. That means tehran has to act somehow. Bestcase scenario is that were hearing from the talks is causing a general political agreement on what both sides are committed to resolving. You can interpret that as a lets keep talking about talking conclusion and outs of that still no indication on when iran will they keep talking about talking about talking about talking. Reporter and it goes on. And this development, a massive gathering in iran, bringing shiite and religious leaders from 80 countries together. Theyre trying to come up with a way to deal with muslim extremists, including isis with that Terrorism Group controls much of iraq and syria. Calling isis a threat to all of islam. There are questions however, over irans role in this big meeting, considering the terrorist groups support of hezbollah that has kidnapped and killed so many sunni civilians. Will Ferguson Police officer Darrin WilsonFace Criminal Charges . A decision could come down as early as tomorrow. Wilson shot and killed Michael Brown this summer as you know. The indictment process is taking so long because hes calling every relevant witness in his efforts to leave no stone unturned. Meanwhile police are keeping a watchful eye in the ferguson area as local businesses and National Leaders are urging everyone to remain calm in the face of the ruling. I was reading a little bit earlier on Associated Press wires that there were some protesters out there but mainly peaceful at this pint. Reporter mostly a day of cold rain today has left both clayton and ferguson, missouri open and quiet. No one is more concerned than the retailers in ferguson, missouri, their stores are still boarded up, most of them have not rebuilt since being ransacked back in august. I think that its important that the people out of towners, whomever that comes in or people that are here, that are not wanting to protest peacefully or wanting to cause confusion need to know that theres an after math to that confusion and it hurts more than helps. Now the grand jury is expected to meet again tomorrow, the possible charges range from firstdegree murder to involuntary manslaughter. However, if four of those 12 grand jurors decide the shooting was justified, officer wilson doesnt get charged. Harris . I have to say, that young woman was so wise as to what she was saying because it really is what happens after this. Children are going to be kept out of school, ive been reading for tomorrow and tuesday. And of course you have the holiday this week, so its not like theyre going to open back up on wednesday for one day. But when this whole thing blows over, youve got all these young people who are available for whatever is happening in the streets and thats unfortunate. Im wondering about the mood where you are. Reporter the mood is very tense, particularly among those retailers and what they see are that the again strait fors continue to take to the street just about every night. 75 of those common strait fors there were a couple of arrests but they were able to affect that arrest. The aclu is now investigating hiss case. But you talk about the tensions, police are now working 12hour shifts in anticipation of a return from this grand jury. You mentioned that blogger and what theyre concerned about and fueling any incitement thats happening on social media. The big dig turning into the big melt. Beneath all of those is buffalo, and those good people who are digging out are now bracing for flooding. City Officials Say theyre ready to start evacuations. I have the worst cold with this runny nose. I better take something. Dayquill cold and flu doesnt treat your runny nose. Seriously . Alkaseltzer plus cold and cough fights your worst cold symptoms plus your runny nose. Oh, what a relief it is. holiday mhey is playing i guess were going to need a new santa the music builds to a climax. more people are coming to audi than ever before. See why now is the best time. Audi will cover your first months payment on select models at the season of audi sales event. Visit audioffers. Com today. Many americans who have prescriptions fail to stay on them. Thats why we created programs which encourage people to take their medications regularly. So join us as we raise a glass to everyone who remembered today. Bottoms up, america. See you tomorrow. Same time. Another innovation from cvs health. Because health is everything. He found it cleans everythingg a book afrom stovetops eraser, to scuffed shoes and more. And when he ran out of pages he made a website instead. Share your tips at mycleanbook. Com celebrate whats new, the bigger, better menu at red lobster with more of what you love try our newest woodgrilled combination maine lobster, extra jumbo shrimp, and salmon so hurry in and sea food differently. He was controversial and flam boy yanlt, but former mayor marion barry died today in a hospital after collapsing outside his home. He was 78 years old. His career was filled with accomplishments and some scandals as well. Brian is here with a look at the life of the man who was known as the mayor for life, brian . Reporter harris, the Washington Post once wrote to understand the district of columbia, one must understand marion barry, like his policy, the mayor is hes also known for his resiliency and his larger than life activism. He is credited with creating a black middle class and served on the d. C. City council for 15 years, representing the citys poorest ward. But his life was full of controversy, he failed to file taxes, was censured for steering a government contract to a girlfriend. In 1990, he was videotaped in an fbi sting smoking crack in a washington hotel. He served six months in prison and hiss political career was thought to be all but dead, yet he was reelected as mayor in 1994, heralded a champion among his constituents. I love washington, if you give love, love comes back to you. Reporter mayor berry was a councilmember up until his death despite battling many health issues, including diabetes and Health Problems which he spoked about in 2009. Ive been so busy caring about everybody else and trying to help other people, that i have sometimes neglected my own self. But no more. Im going to put my health at the top of the agenda. Because im not going to be here forever. And a statement president barack obama praised mayor berry for lifting people out of poverty and expandingy. A flood watch in buffalo tomorrow is you know they got seven feet of snow last week. These new yorkers are hardy. Temperatures though could reach 60 degrees by tomorrow, actually here in new york city, its already that. City Officials Say to brace for flooding, because while all that is melting, rain is moving in too, a lot of it. So preparing to evacuate and the red cross is setting up shelters in to the buffalo area if they need them. An american astronaut is heading into space, on board a russian spacecraft. Maximum thrust. We have lift off of the soyuz rocket. And this ugly thing is called a black sea devil. Look at him. Video captured this rare fish lurking off the waters of california, people, could you or i swim in to where this guy hangs out . Yikes. You pay your Auto Insurance premium every month on the dot. Youre like the poster child for paying on time. 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Were for creating more innovation and competition. Were for Net Neutrality protection. Now, heres some news you may find even more surprising. Were comcast. The only isp legally bound by full Net Neutrality rules. At this hour, a russian soyuz capsule is rushing to we have maximum thrust. We have three new crewmembers. The spacecraft lifted off as you heard from kazakhstan about four hours ago. Its scheduled to dock with the orbiter shortly before 10 00 p. M. Eastern, the crew will connect with the other three astronauts already on board and spend the next three months working in space. And here is american terry burke, its his second voyage to the iss. Right now russian soyuz rockets are the only way for astronauts to go into space. If theyre taking volunteers, ill go too. Its been a tough long four months and finally crews say that they have finished youll recall, it was news all over the globe when Malaysia Flight 17 was likely shot out of the skies over eastern ukraine. 298 people on board died mostly from the netherlands. Rebels held the area where the plane went downtown. Now its being transported to a government held city area in ukraine and theyll try to peace together what would along with another investigation thats on the way inside the netherlands. Ukraine and western governments believe russian backed separatists shot it down with rocks. Russia state run tv is blaming ukraines air force. A family outing ending with a little boy tumbling downing a steep cliff. Its our top story as we go across america. California, hes 4 years old and his dad says the family was having a picnic on the Sonoma County coastline when the child suddenly lost his balance and fell more than 200 feet to the rocky shore below, the mom called 911, setting off frantic efforts to rescue their son before sun set. He was hospitalized with several broken bones. He suffered a broken arm and a leg. Its sad to see him like that. Reporter little Sebastian Johnson is now out of intentionive care, but doctors sooir he has a long recovery ahead of him. And in redding, a critical reminder that its the thought that counts this holiday season. Many were less than happy about the citys choice for this years christmas tree, which is missing a few limbs. Heavy rains made it impossible for crews to reach the tree that the city originally chose. But with the lights flipped on, the backup tree is pretty good. Theres many around the world serving our country that would be pleased to have a christmas tree. City leaders are still debating whether it should stay or go, a decision expected this completing an 11mile bike ride, the congresswoman was shot in the head during a Campaign Rally in 2011. Giffords says she trained hard for the annual eltour detucson. He wants to complete a 40mile ride next year. Well, its a devil and it sure looks like one. Researchers in california used a robot nearly 2,000 feet down to capture video of this black sea devil in its natural habitat for the first time. As i asked earlier, you have to have a lot of gear to get down there, youre not going to be wading in these waters. Like other angler fish, the black sea devil has a rod on its head that lights up to lure its prey. The u. S. Reportedly is pushing to extend talks on Irans Nuclear program. We reported that earlier this the hour. Now were just less than a day from a looming deadline to reach an agreement over that nuclear power. But yit ticks say, washingt s s should not be negotiating with iran in the first place. No things did not cool down over the weekend, one senator is suggesting blocking the president s nominees until he changes course. The fox news political insiders are here and we want you to chime in while you tune in because we love hearing from you. Is holding out on other issues the way to fight the president on this . Should opponents even try to fight at this point . Post your comments on my facebook page, like us there and on twitter harrisfaulkner insid harrisfaulkner insid harrisfaulkner insiderfoxreport. Okay, call me crazy, but i like it when my hygienist lets me know im doing a good job. I like it when my toothpaste lets me know too. Thats why i went pro. Go pro with crest prohealth. Its specially formulated for an intensive clean. Its great. I can really feel it deep cleaning my mouth. For a clean thats 4x better, try these crest prohealth products together. 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