that. i am tammy bruce, thanks to you for watching, you can and more about am tammy bruce, thanks tou for watching, you can and more about me@tammyzoobabruce.com. visit i w the.org. shannon bream and the fox news at night team, take it from here. shannon: the white house says it has put together billions more for the border wall tonight and within a matter of hours the president is expected to sign the border and government funding billing declare a national emergency. we are getting breaking information from the white house right now about the president's plan. we have team coverage tonight. chad program's plan to take an extraordinary step to secure the border and critics daring him to do it. details on the final deal. we begin with allison barber where the president to strategizing around-the-clock.

>> $8 billion for the border wall, we are told he plans to use executive actions to move and free up money from various federal agencies in order to get funding for the border wall and we are told he plans to declare a national emergency, the senior administration official tells us they are not sure when the physical copy of that funding bill will make its way to the white house but donald trump is planning to sign that. in a statement earlier today sarah sanders said donald trump will find the government funding bill it is he stated before he will take other executive action, to stop the humanitarian crisis at the border. according to a new report by abc news, the courts are going to step in and block a national

emergency declaration and it is nearly certain to be blocked by the courts on at least a temporary basis preventing immediate implementation of the president's plan to circumvent congress and you build the wall using creative powers. in 2014 donald from criticized obama the same day he announced a series of executive actions related to immigration tweeting republicans must not allow president obama to subvert the constitution of the us for his own benefit and because he is unable to negotiate with congress. the white house is making it clear the president will make moves on his own and they seem unconcerned about the legal action on the horizon. shannon: capitol hill, democrats warning the president he better not declare a national emergency, the president is firmly on legal ground and will prevail if challenged. live in the capital tonight.

>> the deadline was february 15th, congress made it and the government will be funded but not without wrangling and fighting between inter partes, and 300-128, the white house standing by for the bill right now. we have new video on nancy pelosi actually signing the legislation in a photo op before it listen to the white house. not all democrats said yes. alexandria ocasio-cortez from new york voted no because of funding of part of that affirmative homeland security, same from congresswoman omar who wants to defend the department of homeland security. nancy pelosi said declaring a national emergency sets a dangerous precedent for future

presidents. she mentioned gun violence is today is the 1-year anniversary of the parkland, florida, shooting. >> talk about a national emergency let's talk about today, the 1-year anniversary of another manifestation of the epidemic of gun violence in america. that is a national emergency. why don't you take care of that emergency come mister president. i wish you would. a democratic president can do that, democratic president can declare emergencies as well. >> a democratic president could choose what constitutes a national emergency in the future. mitch mcconnell made it clear he had assurances from donald trump that the bill would be signed calling for $1.375 billion, enough for 55 miles of fencing along the texas border but there is a provision that allows the development of homeland security to discuss instruction with local leaders before that construction takes place on a wall. this is an issue that was republicans together. spoke to louis goehmert who said he is concerned and concerned

about the litigation that will come from this national emergency. >> i came in this morning thinking i may be able to vote for this but when i started getting the language i was incredibly disappointed. i couldn't vote for this. there were all kinds of landmines, call it a poison pill, some of them a semi-poison pill but there's going to be a lot of litigation coming out of this bill. >> reporter: congressman louis goehmert has concerns. congress is in recess but they met the deadline of february 15th. there was concern that didn't happen but it is in the hands of the white house. heather: they will consider their strategy. billions in additional funding that can legally go to the wall, democrats vowing to use the money for border security. capitol hill producer chad program has the latest.

>> reporter: one of the big issues is how much can the president move around? they talk about $8 billion, let's look at the department of homeland security appropriations bill, he can go up to $750 billion, that will not get you to $5 billion but start to move around from defense or military construction, he can get there. you can't technically do that. even if you move around in one homeland security bill or another bill you have to have sign off by appropriators and that is why people think this is constitutional. we talked to the chair of the house judiciary committee and he said this is a terrible power grab unprecedented in american history and upset the separation of power. the chair of the house appropriations committee, she may consider putting riders in future legislation to harness the press. heather: all administrations test the limits of executive

power, a number of cases over the supreme court, this is not the first time this has happened. why does it bother members of both parties? >> republicans think it sets a bad precedent, you don't know what comes next but if you start to move around in these appropriations bills all these programs and pet projects you have constituencies along lawmakers and robbing peter to pay paul. if you move money from dhs to defense or from ships to airplanes or the wall or something like that somebody will cry foul and say you are taking our money. there is a constitutional issue, article 1, section 9 of the constitution says congress has the power of the purse and you wonder if they are playing within the rules. shannon: we will not do an overnight government shutdown but looks like it is not going to happen. stunning interview by ousted fbi

official andrew mccabe. lawmakers say they will force them to testify on capitol hill. katherine herridge has more on claims mccabe is making in the firestorm he reignited. >> we have a conversation about invoking the 25th amendment. >> reporter: the chairman did not rule out a subpoena to compel testimony from rod rosenstein and former deputy fbi director andrew mccabe about discussions to remove donald trump. >> if the sure on the other foot my democratic colleagues would want to know about that conversation. >> reporter: graham was responding to the upcoming 50 minutes interview. according to cbs mccabe confirmed media reports including by fox that he believes rosenstein was serious about wearing a wire to record the president. >> speaking to the man who had just run the presidency and won the election for the presidency and might have done so with the

aid of the government of russia. >> reporter: may 17th is a pivotal month. rosenstein was 2 weeks into the job with james comey who was fired by the president. and responsible certain of justice investigation was opened. in addition to the fbi ongoing russia collusion probe. >> make sure our case is on solid ground. >> reporter: the justice department steamed to stop short of denying rosenstein talked about removing the president, quote, the deputy attorney general never authorized any recording mister mccabe references and it is on his personal dealings with the president, there is no basis to invoke the 25th amendment. donald trump hit back characterizing mccabe as, quote, disgraced and a puppet for james comey. mccabe's role was reduced and last spring was fired for violating fbi's code of ethics. the us attorney in washington for possible criminal prosecution.

>> let's bring in the top republican on the house judiciary committee, doug collins from georgia who is demanding mccabe and deputy attorney general shop on capitol hill under oath to explain what a lot of folks say is a bias hit job against the president, thank you. you say there has been testimony and you heard from people about these conversations whether there was a discussion to wear a wire or to use the 25th amendment. what can you tell us? >> this is true, a lot of people say the investigation and judiciary committee have been doing that, many of the 7 looking at this will of the two years, just chasing windmills. today mister mccabe brought down the current, he showed the conspiracy theories were real. what made it worse is this is worse than the old 60s movie 7 days and nights, the department

of justice using the full force of its power to contemplate nothing less than a coup, to see who of the vice president and cabinet members would go about this and this is confirmed by other testimony we have seen, going back to the trial of mccabe and page helped along by jim baker and others that seem to continue this process. if you go back and look at this goes back to 2016 and follows all the way through. it is not the fbi as a whole. it goes to this one come all that continues to fester and they found their time eight days after mister comey was fired, this is our time to act and basically confirming what we've known and confirmed with the transcript again. heather: you are asking the chairman of the judiciary committee on the house side to have them testify under oath. looks like there's a bipartisan call for this as well.

full fact-finding demands, explosive claims cry out for clear eyed exposure. years with the new chairman of the senate judiciary committee lindsey graham says. >> the accept i have seen suggests mister mccabe was hell bent on stopping donald trump not only from becoming president but make sure he did not stay president and this should scare every american when the law enforcement community becomes advocates for a political cause. >> got was a party any american if that turns out to be true should be worried about this. are you confident? the democrats controlling the house judiciary committee will want to get the answers? >> i believe they will. i'm also skeptical. amazing to me until the transition and they took over, they would not question, they told us we were getting too

close, they didn't want to believe what we were seeing and they could see as well. now they want to do is talk about mueller all they want to do is do these things. what the chairman said is something for everybody watching tonight. what if this had been four years earlier, 2013, and this was the changeover in which these questions were asked about president obama, when he had his conversation, at the election, more flexibility and these things, would that have disturbed them? what they have is a realization, they dislike the election results and they were allowed through the obama administration to become politicized, you see that with kim jong un 3 -- stzrok, you have a corrupt influence, bill barr's first

step should be to get a giant broom and go in and sweep. heather: let me know if you get a response on this letter. thanks, good to see you. congresswoman alexandria ocasio-cortez declares victory because amazon will not build its new headquarters in new york city, taking 25,000 jobs off the table. >> it shows every day americans still have the power to organize and fight for their communities and can have more say in this country than the richest man in the world. >> reporter: a mother thrown in jail for calling a person by the wrong gender. credit happen to you? details ahead. ♪ hoo

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hours after democratic socialist >> breaking just hours after alexandria ocasio-cortez did a victory lap for spiking amazon plans for a major expansion in new york check this headline from the associated press. amazon's exit to scare tech companies from new york. jonathan hunt has more. >> reporter: a very public breakup for amazon in new york on this valentine's day causing a split among democrats with new york governor andrew cuomo and congresswoman alexandria ocasio-cortez at the heart of it. first the back story. the promise of $3 billion in tax incentives, amazon had fallen in love with new york's long island city is the site that would bring 25,000 jobs but politicians and activists thought the whole relationship was inappropriate and made their opposition known so today amazon

broke it off saying, quote, a number of state and local politicians made it clear they oppose our presence and will not work with us to build the type of relationships required to go forward. ocasio-cortez was delighted. >> 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. >> reporter: governor cuomo was heartbroken issuing a statement that a group of politicians put their own narrow political interests above their community. the status economic future and the best interests of the people of this state and experts warn the messy breakup might scare off other tech companies. executive director telling the associated press one of the risks is the message we send to

companies that want to come to new york and expand to new york, we are playing with fire right now so while the empire state building is lit up in red right now for valentine's day, the amazon relationship will not be an affair to remember and amazon executives seemingly at ease with their decision tonight will probably not be sleepless in seattle. shannon: is alexandria ocasio-cortez back for business and is that the point? she is declaring victory. executive director the accountability project, to become new york's public advocate and brian brent berg chairs the finance program in new york, great to have you with us. i want to read something from a democratic pollster who had some caution with this. the headline of his piece

amazon's cancellation is catastrophic and could hurt far left democrats at the polls. ultimately amazon's cancellation of its plans to come to new york is a loss not only for those like ocasio-cortez who want to redistribute wealth but those who want to grow wealth and expand the economic pie for hundreds of thousands if not millions of americans. a response? >> i don't know the last time he worked on a democratic campaign. i am a resident of queens and very proud our congresswoman and my senator were at the forefront fighting this deal from the start. amazon had a track record before governor cuomo and mayor bill diblasio said behind closed doors and didn't speak to the community of driving up homelessness in seattle, they were sued by austins the council for not actually following through on their deal. they want their incentives back.

this is a community that has been stripped of resources. we have an mda index, public housing, $32 billion in debt. we generate more wealth than anywhere on the planet. long island city is the fastest growing community in the country. we are not going to have a problem with recruiting people to long island city. this was a handout to the world's richest man and no reinvestment. heather: one estimate is $25 billion would come into this locality. and people this week oppose economic security, those unwilling to work for the green deal, with high-paying jobs for those willing, hashtag amazon headquarters. the far left is very happy about claiming this scalp and they say the won one. >> why would you celebrate driving 25,000 jobs out of long

island city, that is just ridiculous. amazon shouldn't give tax subsidies that were promised to them but the fact is new york doesn't win when they lose all these jobs and you see governor cuomo talking about the loss this is. he's got to find tax revenue and he is the one saying we are not winning by driving the rich out of new york or driving businesses out of new york. ocasio-cortez doesn't have to balance the budget, doesn't care about costs, but those who do realize what an economic loss this is to new york, new york city and long island city residents. >> governor cuomo has a history of not taking real estate developers. all of his backers are the 1% of new york. he is not in a story a or the bronx, he doesn't see how expensive it is to survive in new york. is more concerned about his real estate developer backers who are

not paying taxes and preserving their tax incentives than the people of new york are struggling to get by. the worst income any quality in the country, handing out tax breaks and talking about 25,000 jobs. >> is this good for the republicans because it looks to a lot of average americans who would love to have a job and have these opportunities saying bring your company to my state, i will take it. >> a total handout to republicans because they are saying the green new deal that you heard about that is promising a utopia, people behind that love to kick businesses out of the room. republican governors and mayors say please come here, set up shop, create jobs, you can be a city or state that is friendly to business or one that is run by the hard left and when you are run by the hard left all you are doing is undercutting opportunities for your own people, the people of long island city are losing out here. >> we are going to leave it

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>> shannon: fox news alert. tonight congress heather: congress over willingly approved the border security compromise moments ago and the confirmation begins over donald trump's plan to declare a national emergency, moving billions in additional money to the border wall. money in the bill for border barriers far below the $5.7 billion the president insisted he needed.

it will only finance a quarter of the 200 plus miles he wanted. just over half republicans voting no. democrats were yes. the president plans to rollout a declaration tomorrow. the argument whether the time is right to pool troops out of syria, the end is near the isis caliphate according to a top british general, and the caliphate at hand. benjamin hall reports the end of the campaign is yet tonight. >> reporter: the final village, intelligence suggests, battle hardened coroners, crisscrossed it with tunnels and holding off. isis has been pushing back using suicide car bombs and these antitank guided missiles. despite their attempts they are losing ground, us backed forces are advancing making slow and methodical progress.

and drones and planes fly overhead. the last 21/2 weeks conducting 290 strakes in syria with the entire district of the town while taking care to appoint civilians but it is believe isis holds human shields. most civilians have fled into the surrounding desert, they are screened by the us and special forces that biometrics are recorded. the president of russia, turkey and iran met to discuss the future of northern syria. president erdogan insisted on a buffer zone to safeguard against the kurds but russia and iran pushed back saying this could hurt the approval of the syrian government, the debate that is conditional on withdrawal of us troops. as a territorial battle against isis occurs there is one eye on

fulfilling donald trump's directive to keep troops out but i on ensuring the area isn't handed over to other powers. heather: in 50 seconds, confirming potential 2020 hopeful senator bernie sanders reach out to democratic congresswoman to offer his support after she faces backlash on both sides of the aisle over what many consider anti-semitic comments on twitter. sanders, a jewish member of the senate saying we will stand by muslim brothers and sisters. sanders will discuss whether he will run for president by the end of this month. former lawyer for stormy daniels, michael avenatti toyed with a 2020 run, he's releasing financial control of his law firm due to accusations of bankruptcy fraud. he said he has done nothing wrong and is working out of a firm with a different name with

the same partners and staff and he says business is booming. joe biden is laying groundwork for a 2020 run creating a team of big donors and staffers to launch a campaign. biden has not announced if there is any rush to step into the growing field of democratic contenders because establishing name recognition. gearing up to declare a national emergency and hours. they drafted the lawsuit to stop him. beto o'rourke, what comes up, will come down. >> would you take the wall down now? heather: the power panel may have something to say about that. jason chaffetz and andrew mccarthy will break it down. (alarm goes off) ♪ wake up sweetie. ♪

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it seems g shannon: it seems guaranteed the president is going to pull the trigger on declaring a national emergency within hours to get more money for his border barrier. the power panel talks about that and more. richard goodstein and fox news contributor jason chaffetz and fox news contributor andrew mccarthy. i want to read something from elizabeth warren. she said gun violence is an emergency. climate change is an emergency. our country is opioid epidemic is an emergency. donald trump's ridiculous wall is not an emergency. any worries you have democrats will say if he does this we go declare an emergency on any of these things, taking away guns or anything else? >> i didn't like it when barack obama declared emergencies along the way.

i don't like it. it is a bad precedent. i understand why the president is moving in this direction and he has some legal authority to do it. i consider what is going on or lack of what is going on with border wall funding a failure of congress, and not donald trump, but i don't want to give more power to the president. congress has to do its job. as bad as it is there's a political remedy and that is to change congress. shannon: someone in the white house said this is a risk but they don't feel like it is because they feel they are in good legal grounds. is this thing tied up? is there an immediate injunction that puts the whole thing on hold? do they think they will ultimately when it? is it a gamble? >> the president could declare that the sky is green. border crossings are at a low since 1971, down by 6 of what they were in 2000. as a factual matter the national security chief the testified

before the senate couples weeks ago when they were asked what the top security risks are to the country none of them mentioned the border wall. he can say what he wants. the issue is when he tries to move the money and as a former member of congress congress has the authority to say what the money should or should not be used for. they said what it should be used for it happens that it should be used for the so-called wall. he is on thin ice. white house lawyers tell him what he wants to hear, that's the way it works. shannon: you want to hear what reality is because you have to deal with it and getting the president a realistic look at what he is potentially facing because no doubt someone could file a lawsuit. i got emails from groups that said it is already drafted, we are just waiting for him to do it and we will file it with the ninth circuit. >> the reality is this has the feel of kabuki to me. everybody knows before the ink

is dry on an executive order, going into court and getting this put on hold, what happens from there is democrats say and donald trump's opposition is able to say they didn't cave, didn't give one what he wanted, he is able to say he worked as hard as he could. everybody has a political issue for 2020 and we go forward while this is tied up in court for the next year. heather: i want you to weigh in on andrew mccabe who is continuing to talk about things that led him to launch an investigation against the president and there are folks who say this is a situation where they want to hear from him and hear what you have to say. you were knee-deep in this and you wrote a book about it. where do we go from here? >> he did the nearly impossible, fired as a federal employee,

that was done by his colleagues who found him so disagreeable, lying, lack of candor and a scathing report from the inspector general. this is not a person who can be trusted. interesting he did indicate that he thought rd. rosenstein was serious about wearing a wire on the president but mister mccabe saying there's concrete evidence of the president in collusion yet two years later the senate intelligence committee comes together and says we see no evidence, the guy has a lot of issues and ultimately he may end up in jail. heather: sarah sanders says this, andrew mccabe was fired, a total disgrace from the fbi because he lied to investigators on multiple occasions including under oath. andrew mccabe has no credibility

and is an embarrassment to the men and women of the fbi and our great country. >> i hope he is forced to testify before the house or senate. he opened an investigation we now know, not on fake news, not on mueller, not leaks, donald from junior said we are trying to get the dirt from russians on hillary, that he would love it. we are seeing what he did to -- >> there's nothing illegal about that. >> when manafort gives inside data to a russian spy. >> polling data? really? >> so the russians could know exactly who to target in michigan, wisconsin is pennsylvania, that is textbook collusion. shannon: hillary clinton did not visit the states or campaign there. >> what i'm surprised about is people are making a big deal about this. the new york times had a big story on this a few months ago.

this is a rehash of old news. mccabe is trying to sell a book. cbs wants everyone to watch 60 minutes on sunday night was all this stuff about nine days in may between the time rosenstein wrote the memo for the president it was used initially as the explanation for firing comey until the 17th when rosenstein appointed mueller and all the things in between, the 25th amendment or wiring up against the president, we heard this already and i have no doubt they discussed it but they are rehashing something we heard. shannon: they hope they will go under oath and americans have to decide what they think. thank you all very much, happy valentine's day. a woman arrested, she says, for calling a transgender woman a

man on twitter. the culture clash popping up in britain, that is where this happened. nigel farage joins us from london, he is up really really early. happy to have him next. what do you look for when you trade?

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>> shannon: police arresting a mother in front of her children and locking heather: police arresting a

mother and locking her away for hours, she claims because she called a brand transgender woman a man on social media. this happened in the uk. let's go to nigel farage. great to have you with us. >> it is unbelievable. what we've got going on is the triumph of ideology over biology. if you make the mistake of calling somebody a sex that is different from what they believe it ought to be then you are guilty of hate crime. in america your rights of free speech are such that you are not yet in this position but it has gone crazy. a few weeks ago a school outside london was teaching young children that boys can have periods too. the whole thing has gone mad. for young children growing up in

a world like this it is very very confusing and we are now seeing increasing numbers of young people changing orientation because we are confusing them. shannon: the woman who got in trouble says she was arrested in front of an autistic child. and she said she holds a genuine and reasonable believe that the human cannot, practically speaking, change sex was the individual who was a victim in this case says the substance of the police report concerned unauthorized disclosure of private information so they are fighting about what this case is about, she was told you can't use any gender, you can't use a male noun to refer to this person, can't refer to their former life as a male and give

personal information. >> that's right. what is happening is change the english language. we are beginning to take away male or female references to anything or anyone for fear of causing offense, breaching our own hate speech laws. in london we have 1000 police officers who spend every day chasing down potential hate speech for the transgender community or any other minority group and that going on at a time when it is a more dangerous to be in new york or other parts of the world. political correctness reaching a level that we are denying basic biology. it is absolutely crazy. at some point the pendulum must swing back. shannon: let us know if you get

arrested. thank you for joining us. up next our midnight hero, a special valentine, donald trump getting pressure from one of his daughter-in-laws. it is nothing to bark at.

♪ >> shannon: only 3 minutes left in valentine's day, east shannon: 3 minutes left in valentine's day. some valentine humor from mark walker's office. happy valentine's day to chuck schumer and nancy pelosi, alexandria ocasio-cortez with a dig at jim jordan and orrin hatch who loves his bacon. the president facing pressure from his daughter-in-law. laura trump known for his animal rescue advocacy told the president it would look good

politically to get a dog. all our most recent presidents had well-known family pets, clinton had buddy, w had three dog and a cat. obama's pup blow and sunny work famous for the twitter games. donald trump is the first white house president to not have a dog since william mckinley in 1901. president george washington was not only a founding father but the original breeder of the american foxhound. allergies and a busy lifestyle planes for donald trump's lack of the first had but in 2017 the family was offered a hypoallergenic -- the offer seem to go nowhere. he likes miss p at the westminster, dog show and laura told the president a rescue dog will help in the polls but like a lot of advice he gets from his advisors he takes it and entrusts his own instinct in the end. remember what he said monday night in el paso at that rally.

>> certain types of dogs, you do love your dogs, don't you? how what i look walking a dog on the white house lawn? feels a little phony. shannon: i am a big dog fan myself. tonight, time for the midnight hero, this girl, her father was a marine who died 9 years ago and her mom said she got bullied in school for not having a dad but when the time came for the daughter daughter dance am a chloe did not have to go alone. a marine that, in that sweet moment, the pictures, and camera. it is a tradition for the 3 of them to go together. you are all midnight heroes.

we can do it for someone around us. might need a next a hug, one minute left here. most-watched, most trusted, most grateful you spent the evening with us, i am shannon bream. heather: friday, february 15th, this is "fox and friends first" was happening at 4:00 on the east coast, fox news alert. emergency at the border, donald trump set to sign the spending bill just hours from now but also taking matters into his own hands to build the wall. we are live in washington with the new looming legal battle. >> in his bill, to be the hero here, did he abuse the law? heather: andrew mccabe under fire after the bombshell admission about the r