there are numerous reports out there that say the word neutralize means the shooter indeed has been killed. we know that four police officers were injured throughout the course of this. we don't know the extent of their entries. we have been told those entries are not life-threatening. unknown civilians injured in the shooting. they have been taken to medical center and we know that rush copy medical center has taken in two individuals and injuries nonlife-threatening. what we have local from the local media who interviewed witnesses from the scene is information that the shooter is someone who worked at this facility. and he worked in an assembly. what set him off, that is unknown. we are working for the first briefing from the city police chief kristian zeman and that rethink delayed by a half an hour and that is because newly elected governor, wanted to be part of it and simply takes a long time to get here from the city of chicago, bret. >> bret: mike, when that news conference happens we will bring it to you live on fox, thank you. in the meantime president trump says he's declaring a national emergency, build a border wall because of what he calls an invasion from the south. the president made that declaration official this morning. the president conceding he will be sued. he is predicting success eventually. chief white house correspondent john roberts has the story, good evening, john. >> john: good evening to you, tell fox news attorney spent weeks going through the ins and outs of emergency declaration to make sure that the president would be on solid ground today. still, he stirred up a hornets nest. >> with a stroke of his executive pin, president trump invited what may be the biggest challenge to his executive power yet. >> we are talking about innovation of our country with drugs come up with human traffickers, with all types of criminals and gangs. >> john: and $8 million to build his border wall, $1.37 billion from the dh appropriations office and $601 million treasure departments and $2.5 billion from the drug interdiction program including $2.2 billion reprogrammed from other areas of the pentagon and $3.6 billion from the military construction budget. senate minority leader chuck schumer and speaker of the house nancy pelosi ripped the president for rating for pentagon budget to build a wall. in a joint treatment saying "the president's unlawful declaration of a crisis that does not exist does great violence to the constitution and makes america less safe stealing from urgently needed defense funds for the security of our military and our nation." the president insisted moving the money would not hurt the military. >> we have certain funds that are being used at the discretion of generals and at the discretion of the military. some have not been allocated yet, and some of the generals think that this is more important. >> in making his case president trump today pointed to dozens of emergency declarations that never drew the type of player he is receiving. but those declarations were not used as a way to go around congress on appropriations. the president also gave his critics more ammunition today when he seemed to indicate the emergency declaration wasn't necessary. >> i didn't need to do this, but i would rather do it much faster. and i don't have to do it for the election because i've already done a wall. >> john: congresswoman alexandria ocasio-cortez said, she would introduce legislation to block the president tweeting, we are not going to let the president declare a fake national emergency without a fight. a congressional fight may be the least of the president's worries. white house officials, even the president, openly acknowledged attempt to reprogram military money would land him in court. >> they will sue us in the ninth circuit even though it shouldn't be there. and we will possibly get a bad ruling. then we will get another bad rolling. and then we will end up in the supreme court. and hopefully, we will get a fair shake. and then we will win in the supreme court. >> john: though words barely escaped the president's lips when the aclu announced that it would sue the president. and democrats on the house homeland, rather democrats in the house judiciary committee, i'm sorry, today sent a letter to the white house saying they wanted to investigate the president's emergency declaration. and asked the white house to make it official here and the department of justice available for the hearing, bret. >> bret: more on this and that panel john roberts on the north lawn, john, thanks. as i told you earlier the president said the situation on the southern border is an invasion. his critics say it is made up emergency. casey stegall shows us what's happening one major crossing and you can decide for yourself. >> casey: here in eagle pass, texas, u.s. customs and border protection officials face the arduous task of carob and migrants which involves feeding them and conducting a credible fear interview to see if they qualify for asylum in the u.s. if they do, they are sent to a u.s. detention facility to formally begin the process in immigration court. >> at this point the system is at total capacity. at all points in the process. the status quo is not sustainable. >> casey: which is why it could take weeks if not months to get through everyone. a long wait in cramped conditions caused tensions to boil over this week at the warehouse turned shelter in mexico. u.s. officials worry that more desperate these migrants become, the more likely they are to become violent or even attempt to rush the border. so added security has been put in place to stop any threats. >> you can see all of this wire back here and what you have is rebar that is actually stuck in one, two, three, four, five concrete barriers with constantino wire on it and what happens as these can be placed in a row effectively creating a fence sealing off the international border here. some of the immigrants take matters in their own hands, weighing and the rio grande river with small children in tow. agents carried out three different rescues on thursday, including this baby who agents say from the chilly water. but this is a grim reminder of how others are not so lucky. >> i can tell you, this is not the first one. we have been doing body recoveries for quite a while. >> casey: none of the people rescued have been members of the caravan, though officials admit that information is hard to verify. at the texas/mexico border casey stegall, fox news. >> bret: a big day for the dow, 440-point again today and the s&p 500 finished i had 30, the nasdaq up 45. for the week, the dow up three-point and a third percentage and 2.6% and the nasdaq finished ahead almost three. now, one of the reasons experts offer today's market surge was china. president trump said whatever trade deal he makes with that country will be second-guessed by his critics, so he has an unusual plan to address that. tonight correspondent kevin corke takes how the negotiations are progressing with the future may hold. >> kevin: there is a possibility that i will extend the date, and if i do that, if i see we are close to a deal where the deal is going the right direction, i would do that at the same tariffs that we are charging now. from washington to beijing all the way to the corner of the broad to commit the president's announcement to delay increasing tariffs on chinese goods if ongoing trade talks to progress group met with great optimism and reflection for the pace of the talks and the size of the deal. >> i guess you could say it must be the biggest deal ever made. a trade with china, have picked as i get? >> kevin: time is running out. the president threaten to raise tariffs on $200 billion of chinese goods if a deal cannot be struck by march 1st. on top of the more than $250 billion in tariff already imposed. >> we will be leveling the playing field. the tariffs are hurting china very badly. right now china is saving us billions of dollars in tariffs and i haven't even started. >> kevin: but trade talks have started. they lead to progress between the two parties according to the white house, something china's president hopes will continue. >> i think so far the trade from both countries is working to this consensus. >> kevin: among experts a healthy amount of skepticism when dealing with beijing. >> the real issue is if you can craft an arrangement that stops the chinese from stealing of hundreds of billions of dollars of u.s. property each year and craft an arrangement to stop from other predatory arrangements, that is unlikely. >> kevin: the president would welcome unlikely source offering to welcome chuck schumer and nancy pelosi. in eight to the end of negotiations to share their thoughts on a possible deal. bret. >> bret: kevin corke or, thank you very former top fbi official changing his story regarding an attempt to remove president trump from office. the lawyer for fire deputy director of the fbi andrew mccabe says in an effort to invoke 25th amendment of being taken out of context misrepresented. he said mccabe was present when the subject was brought up by deputy attorney general rod rosenstein but mccabe did not participate in extended discussions about it. also tonight come a federal judge issued a partial gag order in the criminal case of longtime trump confidant roger stone. he is charged with lying to congress, obstruction and witness tampering related to stolen from the hillary clinton campaign. stone has pleaded not guilty. the u.s. supreme court will decide with of the 2020 census can include the question about citizenship that could affect the allocation of seats in the house of representatives and the distribution of billions of dollars in federal money. the justices have agreed to a speedy review of a lower court ruling that has so far blocked from adding the citizenship question to the senses for the first time since 1950. police in chicago say two man had been arrested in the investigation into an alleged assault on an actor. jussie smollett of the fox tv show "empire" says he was beaten by men shouting racial and homophobic slurs. one of whom said, this is mega country, and the police say the suspects were also black and arrested for probable cause of committing the assault but had not been charged as of this afternoon. one of them according to the police worked on the side of "empire" and sources say, they were friends of small it. that is all adding up to the growing suspicions in chicago that smollett may have fabricated the story. the u.s. ratcheting up the economic and political pressure on venezuela with new sanctions announced to date, targeting five individuals from the maduro regime. that country hangs on the brink of civil war, national security advisor john bolton speaks to gillian turner about the trump team's game plan to oust nicolas maduro. >> there is a lot at stake here. we are supporting the popular movement in venezuela. >> in an exclusive interview with spock fox news, the security advisor john bolton says time for disputed president nicolas maduro. >> i can tell you among the key generals and leading figures supporting maduro, erin, constat conversation in the press does not see this and it's not on the surface but they are negotiating. >> maduro is firing warning shots at the trump administration. the infected hand of donald trump is hurting hands off of venezuela in venezuela will flourish. >> as millions stared down the mouth of civil war and a mass scale of humanitarian crisis, maduro insists it is president trump's advisors that are the problem. >> imagine, john bolton, elliott abrams, the group of extremists that surround him has put it to a dead end. >> but bolton is not blinking. >> it is another to add to my honor roll of criticisms from authoritarian figures around the world. i welcome it. >> it has been more than three weeks since opposition leader claimed the presidency and yet the country's military remains firmly behind maduro. >> venezuela has 2,000 generals. that is more than all of the generals in every nato country combined so that tells you where the corruption is. >> sources tells fox news president trump shy of ordering the pentagon to draw up military plans but the prospect of unilateral military intervention remains high. bolton says it's top priority for president trump. we talk about it several times a day. he is very interested in this. the pentagon confirms u.s. military planes delivering humanitarian aid to the colombian border. on monday president trump to venezuelan americans in miami erie he will make the case socialism ultimately drives nations into the ground, bret. >> bret: julian thank you. up next the top man at the pentagon calling for international health -- help with isis in syria. around the country tonight, fox 11 in los angeles a weather system known as atmospheric river that unleashes heavy rain across california bringing the threat of mudslides and flooding to a region that has seen days of rain and heavy snow. floodwaters are raising concerns about structural damage in one community, southeast of l.a. classes in many san diego county school districts canceled because of flooding, power outages, and road closures. fox 28 in columbus, ohio, has planned parenthood suing the state of ohio over a law that bans dilation and evacuation abortions. one of the most common abortion methods. former governor john kasich signed a bill on the procedure known as dd annie, commonly used in second trimester abortions ad similar laws have been rejected by the courts. and this is a lifelike philadelphia from affiliate fox 29, one of the big stories they are tonight pennsylvania said the states medical marijuana program has helped 83,000 patients deal with various conditions and illnesses in its first year. approximately a thousand physicians are now approved to allow patients to access the drug and more than 14,000 doctors have registered to be a part of that program. that is tonight's life look outside of the beltway become a special report. we will be right back. for $449h for 36 months. experience amazing at your lexus dealer. liberty mutual customizes your car insurance so you only pay for what you need. great news for anyone wh- uh uh - i'm the one who delivers the news around here. ♪ liberty mutual has just announced that they can customize your car insurance so that you only pay for what you need. this is phoebe buckley, on location. uh... thanks, phoebe. ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ and back pain made it hard to sleep and get up on time. then i found aleve pm. the only one to combine a safe sleep aid, plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. at bass pro shops and cabela's! with huge savings on the latest gear. like booyah spinner baits for under $2. and save 50% on this pro qualifier 2.0 limited edition baitcast reel. all of you. how you live, what you love. that's what inspired us to create america's most advanced internet. internet that puts you in charge. that protects what's important. it handles everything, and reaches everywhere. this is beyond wifi, this is xfi. simple. easy. awesome. xfinity, the future of awesome. >> bret: the victims of the 9/11 attacks is running out of money and woke up future payments by 50 to 70%. nearly 40,000 people have applied to the federal fund for those with illnesses potentially related to being at the sight of 9/11. nearly $5 billion in benefits have been awarded out of $7.3 billion fund. the official site in the pending claims will be paid out at 50% of the prior value. valley claims received after february 1st, 30% and the plan is but scheduled to stop taking claims in december of next year. the president's acting defense secretary said he perceives growth in the international coalition and is fighting isis terrorist in iraq and syria. the statement from patrick shanahan comes as u.s. backed forces are trying to eradicate isis from last stronghold inside of syria. correspondent benjamin hall tells us how that is going, pounded by u.s. warplanes, crumpling and the final sliver of land, president trump says it will soon be over. >> and that will be announced over the next 24 hours. >> benjamin: isis making a final stand using suicide, snipers and indeed tanks. and propaganda. the u.s. support remains critical to the end and the last two and a half weeks alone, the coalition conduct of 179 strikes in syria, but most died already on the future. and u.s. withdrawal, unit patrick shanahan tried to reassure allies. >> we will maintain our counterterrorism capabilities in the region. and we will continue to support our local partners ability to stand up to the remnants of is isis. >> republican lindsey graham went further today than suggesting some u.s. troops could stay in syria alongside an increased european presence. >> general will come to you in some of these rooms and the chairman of the joint chiefs and will be asking for a contribution of forces to stabilize the region post construction. >> benjamin: others are preparing too. in saatchi, turkey, iran met to discuss the u.s. withdraw. iran and russia say the syrian government should move in, turkey said it would. >> it is imperative that the withdrawal process is conducted in a way that does not lead to a power vacuum. >> benjamin: to take him had forces warns local force is not able to operate again isis without u.s. support. and that he would not recommend a withdrawal. bret. >> bret: benjamin hall in london, benjamin, thanks. up next new york democrats turn on democratic socialist darwinism over lost investment from amazon? we will have that story plot first me on the borders. vice president mike cash visited today, pens and presidential environment and son-in-law jared kushner saw a train car crematorium's and the hair of victims of the concentration camp in poland. vice president pence on a four-day visit to europe which included meeting with polish soldiers and troops in poland and a conference in the middle east. spain's prime minister is calling for an early election, general election for april. it is expected to highlight deep political divisions coursing through that european union nation. spaniards will go to the pole for the third time in less than four years after the minority socialist government lost a budget vote in parliament. dozens of protesters held a demonstration today in support of the philippine journalist who have aggressively covered president roderigo administration. federal agents served a warrant against maria late wednesday afternoon and escorted her from her office. government critics are denouncing the move as a threat to media freedom. just some of the other stories beyond the borders tonight. we will be right back. you might take something for your heart... or 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the name yes, we are twins. of my parents and my grandparents. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel like i belonged somewhere. discover your story. start searching for free now at ancestry.com. when did sleep become something that requires effort? with tempur-pedic, it doesn't. enjoy our most advanced pressure-relieving material for the deepest sleep you've ever had. this presidents day, save up to $500 on select adjustable mattress sets. find a retailer at tempurpedic.com. >> bret: she may be the darling of many progressive democrats, but alexandria ocasio-cortez is taking enormous criticism from some in her own party and her own state for her role in amazon's decision to cancel plans for a huge investment in new york. here is correspondent doug mckelway. >> doug: the party of the big tent, but critics say amazon's decision to bail on new headquarters in queens, new york, to expose the parties have the as a circular firing squad. >> white in the world would you celebrate driving 25,000 jobs out of long island city? that is just ridiculous. >> doug: amazon said average salary 25,000 new employees would exceed $150,000 per year, bringing in an estimated $27.5 billion in tax revenues over the next 25 years. a windfall, especially considering the state only had to give up $3 billion in tax incentives to entice amazon. but the increasing leftward antibusiness tilt on the party helped place in the deal. amazon executive told nbc "if you talk to alexandria ocasio-cortez, it is never amazon." >> a celebration and that everyday people in the community stood up, and they wanted a say in what was happening in their own backyard. >> doug: poll support of the deal despite amazon's nonunion policy even in this union and rich city. >> you see basically what we are left with now. bombed out cars in the neighborhood. this is not -- we needed this over here. we ended this. >> doug: more traditional politician supported it too, andrew cuomo a small group of politicians put political interest above their community. >> we want to negotiate a better deal. we did not want to see those on the left, those anticapitalist, completely kill the deal. >> doug: it is the latest fish are in a party smarting from the controversies of late-term abortion, blackface, sexual harassment in virginia and embarrassing rollout some democrats safe a green new deal and accusations of anti-semitism within its caucus. >> bret: those controversies are all boxes that president trump may be checking for later use. his reelection campaign gears up, bret. >> bret: doug, thank you, monday we began weeklong series examining the congresswoman's controversial new green deal proposal. and we will look at all of the specifics. president trump may be getting his first challenger for the republican party nomination in 2020. as democrats in washington are plotting their strategy for the next election cycle. correspondent peter doocy is life at that story, peter. >> peter: bret, the current president campaigned on a promise to build the wall and now, democrats hoping to challenge him next year are thinking out loud about doing the opposite. >> if you could, would you take them all down here? >> yes, absolutely. >> you can look at it and see which part you needs and why and if it makes sense. i could support it. border security would be a priority for the country but the question is, where do we need to put the resources to make sure the borders are safe? >> peter: the headline or the dnc winter meeting in washington today with stacy abrams who just gave the democratic response to the state of the union, but spent most of her time on stage today relitigating her unsuccessful gubernatorial campaign in georgia in the midterms. >> notice depression is legal in the united states right now. they take legal action and faster dies them and manipulate them until the rights they are supposed to protect are no longer visible. >> peter: for the first time this cycle, a republican opened up exploratory committee hoping to challenge president trump. former massachusetts governor while weld who popped up in new hampshire. how are you, mr. weld? >> i have a regular haircut to start with. i'm serious about this. >> peter: boat weld faces incredible headwinds in a potential challenge to trump. for one thing the rnc has already endorsed the president's reelection campaign. second of all, the new hampshire and republican party chairman said that weld who endorsed obama and clinton needs to think hard about how welcome he really is in the g.o.p., bret. >> bret: peter doocy at the democrats win term meeting, peter, thanks. former nfl quarterback: kate bernick with the national football league, he and former teammate eric reed filed collusion agreements against the league saying they were blacklisted because of protest during the national anthem. kaepernick has not played since 2016, and reed missed three games before signing with carolina. the president pulled the trigger on national emergency declaration to get funded for his border wall were the news conference out of illinois we will get reaction from the panel and today's news when we come back try alka-seltzer pm gummies. the only fast, powerful heartburn relief, plus melatonin so you can fall asleep quickly. oh, what a relief it is! 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recommended fleet graphics. yeah! now business is rolling in. get started at fastsigns.com. >> bret: this is a fox news alert. we are getting ready to hear from authorities in aurora, illinois, on a shooting today. president tom just tweeted about the shooting in aurora in which at least one person has been killed, four police officers wos "great job by law enforcement in aurora, illinois. a heartfelt condolences to the victims and their families. america is with you." as you look life at the news conference and the scene and aurora, illinois, authorities are singing again to comeau at least one person was killed. four police officers wounded. the shooter opened fire on an industrial park. the person who was killed, it is possible was the shooter because the police spokesman said the suspect had been neutralized and did not elaborate on that word neutralized, but again the corner did arrive soon thereafter this afternoon. and the police officers are said to be in decent condition at the hospital. as you look life among the people there, they illinois governor, they are in this suit. we are expecting the authorities to get the latest. let's take it to our war illinois. >> it good to see you this evening. president, we have the police chief kristin zeman. his owner, governor, and w chief, of the new york police department. sheriff ron hain from the county sheriff's office and fire chief gary from the fire department and emirate of feathers wrapped around. i will turn the podium over to chief kristin zeman with a few remarks, here is cheap zeman. >> thank you very much, my name is chief kristin zeman, chief of aurora police department. an approximately 1:24 today the aurora police department received multiple calls for an active shooter at six: -- 641 archer avenue a manufacturing warehouse. at 1:28 officers arrived and were fired on immediately and two of the four office rows were shot. additional officers began to arrive and also fired upon. a total of five officers struck by gunfire. the other officers on the scene located gunshot victims inside the building. at this time, we have confirmed five victims are deceased. the aurora fire department arrived on scene to stage with medics. a regional law enforcement response was coordinated to include rescue task force and several teams of officers went inside to locate and engage the offender. the building is 29,000 square feet. and when they located the offender, they engaged in gunfire with him ultimately killing him. the shooter is identified as gary martin. he is a 45-year-old man and we believe he was an employee of the company. at this time, we are not sure of the motive of this act of violence. we do not have the identities of the deceased, but we would like family members to know that unification for the victims and witnesses that were in the building will be at the aurora university, public safety in 14 oh eight south lawn. all five police officers transported to local hospitals and from there two airlifted to chicago area trauma centers, six officers treated for injuries. i want to take this opportunity to send positive energy to those officers who are being treated and to the officers and medics who showed up from all over the state to render aid. this message is for them. thank you for your selfless act. thank you for running towards gunfire and putting your lives in danger to protect those inside the business. my heart goes out to the victims and their families who simply went to work today like any other day. we offer our sincere condolences and the facts of this tragedy unfold, we will provide information and make sense of it. i would like to introduce the mayor richard. >> >> richard: i don't think i can be clear in stating that today is a sad day in the city of aurora. for so many years, we have seen similar situations throughout the nation and the horrible feeling that we get when we see it on the news. to experience it firsthand is even more painful. it is a shame that mass shootings such as this have become commonplace in our country. it is a shame that cold and heartless offender would be so selfish as to think he has the right to take an innocent life. for we as a society cannot allow these horrific acts to become commonplace. we, as a society, cannot allow the selfless and heartless acts of this terrible tragedy to be relegated to spots on the 10:00 news. we must never forget those innocent people who were senselessly, senselessly gun down. the mothers and fathers, sons and daughters. we must never forget those police officers that rose to the call of duty. and put themselves in harm's way to protect the innocent, who are also mothers and fathers, sons and daughters. our hearts go out to the victims in this horrific tragedy. our prayers to their families during what i am sure will be a long and painful healing proce process. but we will heal. we will come together as one community and stand by those in pain from today's great loss. we will stand together with those officers shot in the line of duty. we will come together and heal as one aurora. let me commend our responders, the aurora police department, the fire department, our 911 operators, king county to matt kane county sheriff's office and the fbi and all of the responding public safety teams throughout mutual aid and who have come from near and far to assist today, they all put their lives to the security and safety of others. we sincerely thank you. thank you to every person who was directly involved in this incident. your patience and professionalism during this entire process was commendable and allow the responding officers to get the job done. we are here for you all as well. thank you to the entire aurora community to help us to get the word out and provide accurate formation throughout the community. your support was invaluable. we will continue to be from this point forward. thank you to the people throughout the nation. who have offered assistance as well. we need your support, and we need your prayers more than ever. on behalf of the entire city of aurora, remember, we are one. community and we will be stronger than ever to get past this. at this time, i will introduce our governor jamie. >> jamie: i want to begin by acknowledging the amazing work of the aurora police department and cheap zeman and all of the men and women who were first responders and around every single law enforcement officer involved in securing this scene. you rushed towards danger and in doing that, you saved countless lives. and you represent the very best of what it means to protect our communities and to serve our communities. you have our deepest gratitude. and all the resources that you need are at your disposal to continue your work into the evening and he and days ahead. i want to say a special thank you to the fbi and the atf, the police for offering backup and for being here to help the city of aurora and the police department. there is no way to prepare for the pain of losing innocent people in the state that you were elected to lead to come at the state that you were elected to protect, there is no way to prepare. there are no words for the kind of evil that robs our neighbors have their holds, they are dreams and their futures. there are no words to express our gratitude to the families of the officers who were injured in the line of duty as they responded within moments to the kind of danger that they can face and tomorrow, the families of the victims will be less then hopeful. they join a group that should not exist and thin yet continues to grow. this morning, i start with 1500 community members in chicago who are fighting the epidemic of gun violence that continues to ravage so many communities. these are everyday citizens who have been called to action by the loss of a loved one, by witness of violence in their communities or by the simple desire for change. to the families of the victims here in aurora, there are no words that i can offer to lessen the pain. but know that our state grieves with you. that mk and i and our family grieves with you. may the memory of those that we lost today be a blessing. and more than that, may their memory fuel our work to bring peace to this date that we call home. and may god bless the brave law enforcement officers who continue to run toward danger. thank you. let me turn it over to deputy chief allie. thank you. so we will return at 9:00 p.m. this evening. and we will have something with much more substance in terms of the progress of our investigation so far. i hope to have enough handouts for everyone. in answer the questions perhaps at that time but we will not take any questions right now. but we will come back at 9:00, okay, thank you very much. >> bret: you are looking life aurora, illinois, an update from authorities and the illinois governor, five people dead in the shooting today, five police officers shot, wounded but they are recovering and said to be in stable condition and should get updates on those conditions soon. the gunman was shot and killed in a gun fire, gun battle with police officers and he's identified as 45-year-old gary martin. we don't have a motive or much more information. they didn't take questions but that is the latest aurora, illinois, five dead, five police officers recovering in the hospital from the shooting today. we will bring you the latest as we get it on fox but meantime out of the white house today about the president declaring a in national emergency. >> i am going to be signing a national emergency. and it has been signed many times before. it has been signed by other presidents. and there has really been a problem, they signed it and nobody cares. i will sign the final papers as soon as i get into the oval office. and then we will be sued and then they will sue us into ninth circuit even though it shouldn't be there. and then we will possibly get a bad ruling. and then we will get another bad ruling. and then we will end up in the supreme court. and hopefully, we will get a fair shake. and we will win in the supreme court. >> bret: wasn't exactly conjunction conjunction what your function but a little singsong from the president as he laid out the process as he sees it from the rose garden. let's bring our panel, we welcome victor davis hanson, fellow at the hoover institution and jim messina, former white house chief of staff, gentlemen, victor let me start with you, critics say this is unnecessary and shouldn't be done but the president laid out his justification for doing it, your thoughts. >> victor: i think it is mostly a matter of semantics. i think if he had just said i have a pen and i have a poem and the congress can act in the way of the united states, so there is money in dop and homeland security, epa department of interior and incrementally and gradually, he could be allowed with those funds rather than making it so dramatic. but i think the cycle will go on in it will not be the big psychodrama that everybody thinks. >> bret: jim, to victor's point, president obama used the pen and poem and wall construction, bill clinton 20 miles of fencing, george w. bush 24, barack obama 97 miles, 14 miles in san diego, 48 miles in the rio grande valley, and donald trump wants to keep building. your thoughts. >> jim: i think the question is how article one of the constitution says congress is supposed to dole out than money and he's using powers even during the press conference. he said he didn't need to do this, but he wanted to speeded up. the definition of nonemergency and i don't care if you are a democrat or republican, this is a troubling move by a president and for him to put together constitutionally to make sure separation of powers and not to have kings. i think the president is right. he will spend a lot of time in court. >> bret: guy. >> guy: i think this is politically questionable 2-1 margin the republican poll for this purpose. i think it is legally do dubious i'm not a lawyer about some of the legals on this, i think it is interesting to sort of track the project tree when it comes to statutes and just sort of how we have gotten to this point, te president and that sort of thing but to me, the assailing question is why is this different and why is this new. the president had a fight with congress over appropriations and they divided this point. the congress decide what they would m1 give the president on the wall. and now, he is trying to make and run around congress to get some more money that he felt he wanted but he did not get. and that shouldn't be how the constitution works. and i think at the very least, this appears to be extraconstitutional. frankly, as concern, i hope he loses in court on this because i do not want a president where presidents can get rejected or stay made by congress and go ahead and do whatever they want any help. >> bret: victor come as far as the big picture from a lot of people look at this as a horse race and who is winning and who is learning -- losing and the pool numbers went up as he laid out his numbers to the american people but how do you see it as this big issue of immigration? >> victor: well, i don't think he needs to make a big deal out of it because the new cycle going his way. the green deal fiasco, the virginia circus, the talk of abolishing eyes, amazon debacle as well in queens. and people starting to see this new progressive alternative wasn't very viable and trump was a beneficiary of that cycle, especially he gave a pretty good state of the union address. he's been pretty sober and judicious for trump. so i think it would have been much better to just rearrange funds here and they are not elevate the question to whether the president had emergency powers. i'm a little bit more cynical than your other guests. i remember barack obama was not going to get two-thirds majority in the senate for the array and treaties, so he just simply changed the nature and said it is an iran deal and nobody on the left care to. i'm not sure if it was unconstitutional or not, but he gave amnesty's all the time to dreamers and daca and the constitution is in danger. >> bret: panel, thank you, jim, i promise we will have you back. sorry for the short and panel time with the press conference out of illinois to come you very much. when we come back notable. they customized my insurance, so i only pay for what i need. i insured my car, and my bike. my calves are custom too, but i can't insure those... which is a crying shame. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ and i don't add trup the years.s. but what i do count on... is boost® delicious boost® high protein nutritional drink has 20 grams of protein, along with 26 essential vitamins and minerals. boost® high protein. be up for life. 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(vo) you earned it, we're here to make sure you get it. quickbooks. backing you. >> bret: finally, tonight it is friday. >> it's not going to be like wrestlemania. we are not talking about someone's hands tied with her mom. >> tupac, for sure. >> i want to see somebody try to imitate michael jackson and the moonwalk. >> they want to do away with towels, they want to do with a wake gas, cal gas. you can see where the new deal ends up in venezuela. >> the worst in latin american history. >> the jury found that guzman led the cartel with the largest and most dangerous drug cartels in the world. >> and hell bent on stopping donald trump. >> my peer response turned into a fight response. >> how can you not believe that? it is the truth. they got everything they wanted in this bill but sign it and don't cause a shutdown. >> that was not a question, thank you for your participation. >> we don't tell our adversaries what we are going to be doing. >> i am going to be signing a national emergency. >> it does raise the question who the is here. >> i have a regular haircut to start with. [laughter] >> this is the only time in our entire lives in public service that we are in the same room with john dingell and got the last word. [laughter] >> only need is love and chocolate, right? >> bret: one week in washington. tune into fox news this sunday, rush limbaugh joins chris. thanks everybody, and this special report, fair and balanced, and still unafraid. the story hosted by martha maccallum starts right now, high high camp -- >> martha: two began the story this evening, brand-new details that are nile, from this devastating scene and illinois where a gunman opened fire and manufacturing plant in the city of aurora. the officials have delivered a slew of new details on this moments ago and they are confirming that five people lost their lives today and that manufacturing plant. also, chilling details about the gunmen who we now know is dead after a shoot out with the police. several teams of officers went inside to locate and engage the offender.