Evening, i am Martha Maccallum and recording to reports if you can persuade me there is anybody, somebody better who can win im happy not to do it. I dont see the candidate that can clearly do what has to be done to win. President obama calling essentially for the exact opposite, watch this. One of challenges that we have, we are in deficits of leadership and we need to do more. Martha he drew blood and deficits and democrat megan donor, tom scheier pulling fuller to the left, both of them gearing up now and iowa and from california, also has not moved out. He was the strongest Democrat Joe Biden right about his position in 2020 . Good to see you congressman, thank you for being here tonight. Of course, good evening talk to me about whether you believe joe biden is right here. I love joe biden and hes done a lot for the country, but we have the benefit of so many talented people considered running for president and i dont think we will go wrong if any become the nominee. It is not a matter of who is better but who is different and whether their vision for america or the promise of them america you dream bigger for your kids can connect with everyone. So the water is warm, come on in. Martha , how about you, are you going to come on and . Ive been very close invited to iowa, new hampshire, South Carolina and i have a big job to do. The voters put democratic majority in the congress to collaborate on infrastructure, the background checks to make sure Health Care Protection so i will do that job. But im getting very close to honestly come on martha to make that decision. Martha so, you have obviously lets look at 2016, and says i could have pulled in the voters in places like western pennsylvania, michigan, ohio, wisconsin. He believes he is the guy that could have clearly done that and that job was not done by Hillary Clinton. Then youve got the newer blood in the party, president obama refers to it, people who really want to build on what happened mid term. The suburban voters and stay concentrated in the cities across the country. And a lot of further left part of your party is advocating things like this. Lets watch this from leeann castro and alexander. Once you get to tippy tops, on your 10 millionth dialer and you see tax rates as high as 60 or 70 . I can support folks at the top paying their fair share. There was a time in this country where tax marginal percent was over 90 . Martha shall be go back there again . Well i think when it comes to the taxes, we dont want to divide success in america but multiply success in america. The people on the top floors are benefiting from this economy. Whether it is martha that is not true, people with High School Diplomas are the ones who benefited the most from the increase in employment in the country. Well, martha, i come from a family the first time they went to college, a town called dublin where we were scrubbing and when i talked to mike constituents it bears out across america, 2 out of 3 of every person sent this country has less than a thousand dollars in savings. That is not making it in america. Wage growth is going up and not matching the cost of goods and services and health care, what does it mean and what is it for . I think that is the way you have to connect the president ial candidate and you have to tell those working families to do better and look at their kids and believe that they can dream bigger for them. Martha a lot of people have gotten together with Hillary Clinton, john hickenlooper, cory booker, eric from los angeles from Elizabeth Warren. Is that something that you need is a potential candidate . Do you have to talk to Hillary Clinton or losing twice not necessarily the best advice . She was a leader in our country and i dont think you have to back up the bus and run her over. I think, you know, her advice would be helpful but the candidate that sees this election is a big blank canvas board who wants to go big, be bold and do good. That is the path forward and what americans look for midterm when they sent 27 candidates, 40 and under to help us when the house to solve problems. Again flipped up the fortunes of every person and connect, disconnected that felt the American Dream was out of reach. Martha john from kentucky thinks you back up the bucket will be full of subpoenas. Here he is talking about that. And it is a quote, i joke for a while but is not fun anymore. I said we have to build air Traffic Control tower to keep track of the subpoenas flying from here to the white house. Do you think that is what americans want from the Democratic Party . I think they want us to collaborate on those issues. Where donald trump widely identified we need infrastructure. That we need background checks in the dream act but the republicans never brought them up for a bow and he never led and pushed but now we see those bills come due is best. But the days of president ial immunity where abuses of power can occur without a balance of power, those days are over and we will do our job. I will submit to my colleagues we do that job judiciously and make sure investigating anything, we can explain to the American People why it affects their everyday life. Martha i want to say one more thing, joe biden, you said you liked the fact that younger people have one in the midterm. Do you think hes too old . No, no, no, but i think we cannot necessarily count on the same old leaders to solve the same old problems. Young people without elected experience at all stepped up and ran for office. They felt this call to service. I think Going Forward if we have a health care guarantee, green grid and if we are going to have debt free education, we will need people who have not been in this effort and failed in the past. We need people who believe we can actually do that and have the energy to make it happen. Thank you very much, eric, my pleasure. Report whether a lot of people will run, may be more than last time, jason, Democratic National spokesperson, fox contributors, jason let me start with you. As you look at that field, who is the most vulnerable . Jason probably the person we havent heard of, the democrat formula in the past will take someone unknown like jimmy carter or clinton. Then mold him into candidates that we want. Martha . Martha barack obama. Jason barack obama and like i said a mayor or governor. That america hasnt heard of before. You lose and lose big in texas, that is not a resume builder, but he has more available than the old guard but look at the democrats before. Nancy pelosi, the old guard and trot out the old guard again, as a republican i think you want to fight against somebody. Martha how much is the party pulling to the left . When you look at these suggestions to tax people 60, 70, 90 much is too much . Even if you are talking about the rich 2 million person, how much is too much . Jason look, and im not hearing that from Critical Mass of democrats who are thinking about running for president. Now, we might. That is what the campaign has four and we will hear from all the candidates what they think on these issues. Here is why i think people are under estimating joe biden. Im not saying hes the right candidate for 2020. But i think hes got a serious legitimate shot, not because of former Vice President and not because hes got the highest name i. D. But because i think the paradox has shifted a bit in our politics. I dont think most americans are arguing and i think you would agree with this, i dont think most americans sitting around the Kitchen Table who is the most left or the most right. The paradigm has shifted over the past decade or so two inverses out. People feel alienated, not just washington but wall street and from Silicon Valley and from the media and Higher Education in just about every major institution. They are looking for someone to come code thats thats where i disagree. Let me finish, authentic champion for you. Joe biden gets that and he understands the paradigm ship but will he be the right messenger . He knows the right match and i think he would go into these places like wisconsin, the places donald trump one because of that dynamic and make it authentic. Martha but the push in your party appears to be all about diversity gender, politics, identity politics that you know, im reading from it will be toxic and a losing printer policy. Jason i dont think that is the mainstream opinion here. The beauty of a primary as republican saw last time is that you will get all of these different perspectives. Remember donald trump came down the escalator and set the system is out to get you and you need someone outside of the system and most of his opponent said to, you are not a real conservative. You know what, most republican primary voters disagree. You are making the case joe biden is not viable. Seven terms in washington, d. C. , and the entire breath of your life existence is in washington, d. C. , that is not what the rest of america wanted. Rejected everybody with political experience in washington, d. C. , and went with the outsider, the disruptive person who wasnt going to do the conventional norm and that is why donald trump continues to be successful. If you want to put up washington insider to fix washington, d. C. , good luck with that. This is where i respectively disagree. Most americans right now have a negative opinion of the job the president is doing. They wanted someone to shake things up shaking things up. I dont think they like hell he has been doing it. Democrats also argue against safety and security at the border. You cannot abolish ice. In favor of sanctuary city, that is not a democrats are not arguing safety and security. Yes they are. Know they are not. There is not a single that is against safety and security at the border and to say it is is just a kind of partisanship that people are against. Martha i think they got it right no crisis and fabricated crisis. That the law is a fabricated solution to dealing with an issue that everyone agrees needs to be dealt with. That is a legitimate point of policy contention. There were martha even the president said he does not think they are against National Security and hoping the dialogue will bring them to the table. They can do what they said they wanted to do since 2007. Jason the democrats voted in favor and authorized a wall but now they wont funded. One site they say they want it but now that donald trump, they wont go for it. Last year there were 800,000 people detained coming out across the border. To say there is not a crisis, immoral and the border troll is saying put it in pediment or some sort of fencing. Slow them down to grab as many as we can come i am just telling you, keep making that argument. There is a reason that donald trump held tight on this and he will continue. We will talk about this more. The president may declare a National Emergency in order to get his wall that he promised in the campaign actually built. What history teaches us about the argument that he is making, one that even some democrats say he does have the authority to do. Janet napolitano explains coming up next. We are looking at a National Emergency because we have a National Emergency. Al customizes your Car Insurance, so you only pay for what you need. Over to you, logo. Liberty. Liberty. Liberty. Liberty. Coaching means making tough choices. Jim youre in but when you have high Blood Pressure and need Cold Medicine that works fast, the choice is simple. Coricidin hbp is the 1 brand that gives powerful cold symptom relief without raising your Blood Pressure. Coricidin hbp. Ive been really tryin, baby tryin to hold back this feeling for so long and if you feel, like i feel baby then come on, oh come on lets get it on applebees all you can eat is here. Now thats eatin good in the neighborhood. Look if harry truman could nationalize steel Interest Rate during wartime, this president doesnt have the power to declare an emergency and build multimillion dollar wall on the border. Martha played out in 1952 when harry truman was president in u. S. Steel workers tried to go on strike in the midst of the korean war. Truman declared a National Emergency that nationalize the American Steel industry. Really a matter of National Security. He hoped that would keep the mills up and running but the Supreme Court struck him down saying only congress has the authority to seize private property, not the president. Did this set of president that could stop President Trump . 20 me judge Janet Napolitano and theres a lot of thinking on this but you say no . He cant do it. The president and the United States cannot do this. The emergency power that truman attempted to use did a couple of things, it seized private property against the owners and spent government money to pay those who are on strike or to replace strikers so the Supreme Court struck a deal for two reasons, only congress can seize property when it pays for it and only congress can authorize the expenditure of money and president truman didnt have the authority to do either. And the executive order which encourage people to go back to work and many did was perfectly valid. The president has valid emergency authorities and a time which truly emergency but he cannot spend money and he cannot take property unless the congress is authorized it. That is from the constitution them. If that were not the case, president obama could have declared a National Emergency and not enough Health Insurance around so we will start paying for it. Martha that is the question. You have to prove your case that you actually have a National Emergency on your hand. They will do that with these numbers. Lets put them up on the board. Youve got, the number of 2018 apprehension, 396,000. November 2018, apprehensions over 1700 people a day. Right now, over 12,000 Migrant Children being housed and many came over on their own without their parents. He is arguing that this is a national crisis. Andrew the numbers are very impressive, but an emergency is defined in the 1976 act as when the government is overwhelmed and its ordinary assets dont work. I dont think President Trump would say that. He wants 15,000 troops at the border and he wasnt saying that the military didnt work. What the Emergency Powers intended to do was facilitate the move up government assets to focus on the emergency. It is not intended to get the president extraconstitutional authority. Martha the parameters of a National Emergency or very broad for a president. There are a number of ways he can institute something on a temporary basis. The other question i want to ask you, with regard to the existing 600 miles, they are already rebuilding those fences. They are rebuilding what is existing they are. That is already Government Property security. So could he do the areas already there, and we have seen pictures of teal one at waist high. Andrew here is the problem. The areas on which they have built the fences pursuant to authority and money authorized by the congress, therefore lawful are on property of the government owns. According to congressman horta, republican of texas, through whose district much of the new wall of the president wants to build would have to go is mostly private property meaning to take Eminent Domain and that cannot be done pursuant to Emergency Authority and cannot be done overnight because if you disagree what the government wants to pay you for your backyard, the government has to prove the case in a trial. Therefore the president might be biting off more than he can chew legally and financially and clearly and dangerous to what is constitutional. Martha in terms of what is already there though, he can use that power to rebuild as they have been doing. And Mick Mulvaney shaking everybodys pockets and every agency to figure out the area where they do have money allocated that they could use. Andrew the money has to be allocated for that purpose. Can he take money from column a and move it to columbia when only ella mae was authorized . Absolutely not the individual expenditure directly or impliedly authorized not by the president but otherwise, bypassing the congress. He is not a president but a prince. Martha executive order is an interesting activity at times and president obama had a phone, and the president tries to do what he can within the law. Andrew listen come i understand. But when president obama made that threat on the phone, every court looked at it and joined him. Martha that is why we have the system and i know you know so much. Judge, great to see you, happy new year to you. Andrew happy new year. Lindsey graham a bipartisan lower probe and this is the president s new chief of staff looking for a new job at a university. Trey gowdy to wait and on that and also his twitter smack down. Did you see this with Elizabeth Warren and trey gowdy . Trelegy works 3 ways to. Open airways,. Keep them open. And reduce inflammation. For 24 hours of better breathing. Trelegy wont replace a re