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Pres. Trump Tours Texas Border; Border Wall Funding Options; Pres. Raises Possibility Of Emergency Declaration; Democrats Defy Trump To

January 11, 2019

xfdfx FOX-NEWS-@-NIGHT-01

<Show: FOX NEWS @ NIGHT>

<Date: January 10, 2019>

<Time: 23:00>

<Tran: 011001cb.259>

<Type: SHOW>

<Head: Pres. Trump Tours Texas Border; Border Wall Funding Options; Pres.

Raises Possibility Of Emergency Declaration; Democrats Defy Trump To

Subvert Congress; President Remains Confident Of His Authority; Texas Land

Owners Threaten Legal Challenges Over Wall; CNN’s Jim Acosta Doubles Down

On How Safe Border Is; Top Democrats Supported Border Reforms in Past;

President Compares Pain of Missing Checks to Lost Lives; Democrats Claim

President Using Border as Distraction; Wisconsin Teen Who Vanished Last

October Located; Democrats Repeatedly Target Catholic Nominees; Second Man

Found Dead at Democratic Donor’s Apartment - Part 1>

<Sect: News; Domestic>

<Byline: Laura Ingraham, Ed Henry, Kristin Fisher, Trace Gallagher, David

Spunt, Peter Doocy, Doug McKelway, Jeff Paul>

<Guest: Dan Patrick, Jim Jordan, Saagar Enjeti, Lauren Claffey, Julian

Epstein, Don Rosenberg>

<Spec: Political; Donald Trump; Government Shutdown; Border Wall; Visit;

Michael Cohen; DOJ; FBI; Capitol Hill; Burger King; Jim Acosta; Don

Rosenberg; Federal Employees; Barack Obama; Hillary Clinton; Chuck Schumer;

Secure Fence Act; Alexandria Ocasio-Cortez; Simpson-Mazzoli Act; Catholism;

Democratic Party; Beto O’Rourke; Elizabeth Warren; Mazie Hirono; Brian

Buescher; U.S. District Court Nominee; Tulsi Gabbard; Ed Buck; Jamal Moore;

Timothy Dean; Ted Lieu; Donations; Kyrsten Sinema; Adam Schiff>

LAURA INGRAHAM, FOX NEWS CHANNEL HOST: That’s all the time we have tonight. Ed Henry is in for Shannon Bream. The FOX NEWS @ NIGHT team, take it from here.

ED HENRY, FOX NEWS CHANNEL CHIEF NATIONAL CORRESPONDENT: Laura, good to see you right after the show. I will be downloading good luck to you with the podcast.

INGRAHAM: Thank you.

HENRY: We begin with a Fox News alert. President Trump, inching closer tonight to getting a big chunk of that border barrier. As much as 300 miles of it. Thanks to a new source of potentially billions of dollars to pay for it. And the president just a few moments ago was trolling CNN’s at Jim Acosta who posted a video that may have inadvertently made the White House’s claim that the walls actually work.

All of this coming after a rare presidential visit to the southern border where the commander in chief told our own Sean Hannity in an exclusive interview, he is not giving up and declared he’ll, quote, “Almost definitely declare a national emergency to take the first step to doing that after Republican Lindsey Graham said he does not see a path for the wall to get to the legislative process as Democrats continue to refuse to give any money.”

The second step in the process is another major development tonight. We’ve learned that U.S. Army Corps of Engineers is now looking at tapping nearly $14 billion in disaster relief funds, previously appropriated by Congress to build that 300 miles of new barrier. As Democrats continue to give the president any money, even though some of those very same Democrats in the Senate, like Chuck Schumer, used to be behind the barrier. We have the tape. We’ll play it in a few moments.

Meanwhile, Democrats over in Speaker Nancy Pelosi’s chamber are attacking the president on a new front tonight, or really an old friend.

Democrats inviting former Trump Michael Cohen to testify at what is expected to be an explosive hearing next month.

Congressman Jim Jordan is a top Republican on that committee. He’s here live in near moments with some big reaction. He’s demanding on why Democrats who just took power in Congress making their first witness someone who is admitted to lying to, yes, Congress.

Hello and welcome to FOX NEWS @ NIGHT. I’m Ed Henry in Washington in for Shannon tonight.

We begin with live Fox team coverage. Trace Gallagher looking at what will happen if the president declares a national emergency. David Spunt examining what the Democrats are planning for Michael Cohen.

Let’s kick it off tonight with Kristin Fisher on the latest from the White House and Congress with bipartisan talks trying to get the government open and build the wall fell apart. That may have open the door to this more dramatic action from the president. Good evening, Kristin.

KRISTIN FISHER, FOX NEWS CHANNEL CORRESPONDENT: Good evening, Ed. And you know that these negotiations are not going well when Senator Lindsey Graham says that he’s never been more depressed about finding a way out of the shutdown. That’s a direct quote.

Up until the early afternoon, he was hopeful that this grand bargain he’s been working on might do the trick. But then President Trump killed it. Now, Graham has given up on finding a congressional solution and he’s urging President Trump to go ahead and declare a national emergency at the border.

(BEGIN VIDEO CLIP)

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: I always said it would be the last resort, we’re there. There’s no pathway forward that I can see, so the president believes that’s his power. It seems to be the only way left is for him to exercise that authority. I don’t see any action in the Congress.

(END VIDEO CLIP)

FISHER: But Democratic congressman, Chris Coons, is calling that unwise advice.

(BEGIN VIDEO CLIP)

SEN. CHRIS COONS (D), DELAWARE: I think for the president to use emergency powers and our armed forces to construct a border wall is not a good president to set. And I suspect if the president listens to that advice, he’ll end up in court fairly quickly. And I suspect he won’t be successful.

(END VIDEO CLIP)

FISHER: But President Trump remains convinced that he does have the legal authority to declare a national emergency. The White House counsel’s office has been looking into it for several days now. Administration officials have been trying to build the case for it all week.

And then tonight, President Trump said this as he was finishing up his tour of the border. He said, quote, “We have the absolute right to declare a national emergency. And this is security stuff. This is national emergency.”

He went on to say, quote, “If we don’t make a deal with Congress, most likely, I will do that. I would actually say I would. I can’t imagine any reason why not, because I’m allowed to do it. The law is 100 percent on my side.”

So the big question now is if President Trump does declare a national emergency, where would the money come from to build this wall or barrier?

On this trip to the border, president brought the Commanding General of the Army Corps of Engineers with him, and the White House press secretary has now confirmed that the administration is asking him to find ways to fund it from the Army Corps of Engineer’s budget.

That means that the money could come from a nearly $14 billion disaster relief fund, money that was meant to help California after its wildfires, and Texas, Florida, and Puerto Rico after the hurricanes.

And already, the Puerto Rican delegate, the Congress is calling that policy unacceptable. But what’s unacceptable for the roughly 800,000 federal employees impacted by the shutdown is that tomorrow, they’ll miss their first paychecks, and that is going to really ramp up pressure on the president and Democrats exponentially. Ed.

HENRY: Both sides on the line tonight. Kristin Fisher, appreciate that report.

FISHER: Thank you.

HENRY: So what happens if the president declares a national emergency to build the border wall? Our correspondent Trace Gallagher is on the case for us tonight. Good evening, Trace.

TRACE GALLAGHER, FOX NEWS CHANNEL CORRESPONDENT: Good evening, Ed. Even though senior aides are cautioning President Trump that declaring a national emergency and using military budget funds to build the wall could have negative ramifications for the White House, the president says the declaration remains a top option. And by most accounts, it would immediately be challenged in court.

But the more legal experts look into the fight over the border wall, the more they conclude the President Trump could very well win.

Even CNN’s liberal legal analyst, Jeffrey Toobin, acknowledges the president’s emergency powers are broad. Watch.

(BEGIN VIDEO CLIP)

JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: As a purely legal matter, it is - - it is hard for me to imagine the court’s finding a plaintiff withstanding, that is, a plaintiff with the legal right to sue, to stop this at any early point in the process.

(END VIDEO CLIP)

GALLAGHER: The Washington Post went a step further saying, lawyers who think an emergency declaration would be unconstitutional are also hard- pressed to say exactly who would stop the president.

For example, the Supreme Court could, but that might not happen until after the wall was built.

The Post also notes that presidents had been moving money around for years and that a little known code governing the military allows the defense secretary to undertake military construction projects in times of emergency.

Others argue it would come down to the president’s definition of emergency. The problem is the National Emergencies Act doesn’t offer a definition. The most plausible legal challenge might come from someone who was actually harmed by the wall being built, meaning their property is taken through eminent domain.

One woman, whose land sits along the Rio Grande, told the Associated Press she would not take $1 trillion for her land, and environmentalists also warned on how dangerous the wall would be to some species. Listen.

(BEGIN VIDEO CLIP)

MARIANNA TREVINO WRIGHT, NATIONAL BUTTERFLY CENTER: Uncle Sam is going to impact that dramatically by eliminating all of these trees full of nests, eggs, baby birds, piling them up somewhere and burning them.

(END VIDEO CLIP)

GALLAGHER: In the end, Congress could also move to block an emergency declaration, but finding a veto proof majority would be a very tall order indeed. Ed.

HENRY: Absolutely, Trace. Thank you for that report.

The president, meanwhile, standing firm, telling our very own Sean Hannity a short while ago he’s not changing his mind.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Look, we’re not going anywhere. We’re not changing our mind because there’s nothing to change our mind about. The wall works. It’s not a question like, well, maybe it won’t work. It’ll work 100 percent. What we need is -- we need the barrier. If we don’t have a barrier, if we don’t have a steel or concrete barrier, we’re all wasting a lot of time.

(END VIDEO CLIP)

HENRY: Joining me now, the Lieutenant Governor of Texas, Dan Patrick. He was on the border with the president today. Good evening, sir. We appreciate you coming in.

DAN PATRICK, LIEUTENANT GOVERNOR OF TEXAS: Good to be with you.

HENRY: Let’s start simply. What did you see up close? We can talk about this in T.V. studios. We can debate this in Congress, but you were actually at the border. What did you see? What do you want our viewers to know tonight?

PATRICK: Well, Ed, I’ve been there many times and I think it’s great that the president was there today and the testimony and essence he heard from those, including families who have lost loved ones to violence against their loved ones by illegal aliens, the economic impact.

But when the president actually went too close to the border and realized that -- and people think this is a big river, the Rio Grande. It can be sometimes, and raging waters and storms. But you can walk across it many times. Many of the families just walk across it. You can throw a softball across many parts of it.

And here’s the deal, this is a national emergency. I’m not a lawyer, but I also have talked to many lawyers who believe that president has this power. I totally support this, if Congress does not work with him, because it is a national emergency. It’s a manufactured cover-up, Ed, by the Democrats of this.

When we apprehended 500,000 people at the border last year, we get one out of every five, so another two million came in, plus the drugs, plus the violence. This is a national emergency.

HENRY: Well, real quick, on your point about it being a national emergency. I read the transcripts closely, not just of what you and the president and the senators there said. But one of the border patrol agents told the president that at that one stretch where he was on the southern border, they have arrested people from 41 countries.

So when Democrats say it’s just Honduras and Guatemala and people are not coming from the Middle East, they came from places like Pakistan, sir.

PATRICK: Yes. We track it every week, I can tell you. I haven’t seen this week’s report yet. But last week, we arrested -- we arrested -- we apprehended 24 people from China, from Brazil, all over the world. And we have document it is now public.

Fifteen people from countries of interest where terrorism is spread, and we know we have many more in classified documents.

This is real. This is a national crisis. It’s a humanitarian crisis. And this president is right. And we’re with him all the way in Texas. We need the all built.

HENRY: Two quick questions, sir. The news of tonight. So first of all, this idea that the Army Corps of Engineers may use already appropriated money, billions of dollars of disaster relief funds. That could come out of money that not only was intended for Puerto Rico but your state of Texas.

Are you okay if people in Texas do not get some disaster money in order to help build the wall? Yes or no.

PATRICK: We have good senators so we have a great president. We’ll get money for both. And I’m not concerned about that. He will take care of us of the hurricane relief as well Senator Cornyn and Cruz. And we will get the money to build the wall.

One quick fact to put this in perspective, four or five miles from where the president was standing is the town of Reynosa. A million people, they haven’t had a police force for five years because drug cartels have threatened them all. It’s gunfights in the streets every night. That’s what four miles away from American soil.

We need a wall to keep the violence out, particularly in the Rio Grande Valley where about half of the people who came in last year illegally. Ed.

HENRY: OK. Last quick question. Legal standing. There’s a question about whether there’ll be a legal challenge to the president declaring a national emergency and moving forward with Army Corps of Engineers funds.

And to get legal standing, the people who are landowners in your state who are saying, as you just heard in Trace’s report, we don’t want a wall built. I won’t sell my property for $1 trillion. What do you say to people citizens of your state of Texas who say, don’t build the wall on my land?

PATRICK: First of all, we had people there or landowners who want to the wall -- you’re always going to find someone whose against eminent domain, whether you’re building a road -- anytime the government tries to take land, someone is going to say, you can’t take my land. We will offer a fair price and if it goes to court, it goes to court.

But we have 12,000 miles. We already are ready to build 22 miles starting in February. And those have already been taken care of, that will -- you’re always going to have someone to object that. But we will win in that case and the courts as well.

And again, this is a national emergency. We have 25 to 30 million people here illegally, illegally. About eight to 10 percent of our population. This is a national emergency and the president is right. And everyone was there. The majority supporting him --

HENRY: Lieutenant Governor Dan Patrick. It was very direct answers. We appreciate you saying that and coming out tonight and making some news. Thank you, sir.

PATRICK: Thank you.

HENRY: All right. Also breaking tonight, the president’s former fixer Michael Cohen has agreed to testify in public before the House Oversight Committee which is now run, of course, by Democrats.

Our correspondent David Spunt is on the case tonight. Good evening, David.

DAVID SPUNT, FOX NEWS CHANNEL CORRESPONDENT: Hey, Ed. Good evening.

Michael Cohen will head to the capitol on February 7th. Now, he’s been there before, he admitted to lying to members of Congress. Democrats now in control of the House are looking to shift the focus from the FBI and Justice Department directly to the president.

(BEGIN VIDEOTAPE)

SPUNT: Michael Cohen will head to Washington early next month. And late today, he made it clear he’s ready to appear before the House Oversight Committee. He said, quote, “I look forward to having the privilege of being afforded a platform with which to give a full and credible account of the event which have transpired.”

Now that Democrats have the House majority, they have invited Cohen to testify about a myriad of topics involving President Trump. Cohen is heading to prison in March for tax evasion, campaign finance violations, and lying to members of the House and Senate about a proposed Trump Tower project in Russia.

House Oversight Committee chair, Elijah Cummings, who invited Cohen, downplayed the upcoming testimony to Fox News.

REP. ELIJAH CUMMINGS (D), MARYLAND: Our first major hearing was with regard to HR-1 and laws that a major hearing that we got to lowering prescription drugs, so we’re going to be pretty busy.

So the Cohen hearing is just one of three hearings that we’ve announced.

SPUNT: Cummings’ Republican counterpart on the committee Jim Jordan said in a statement, quote, “Chairman Cummings promised to pursue rigorous, responsible, fact-based oversight. However, the chairman’s announcement today suggests he will be using the committee as a venue for political theater, rather than legitimate oversight.”

The president on the U.S. border in Texas today was asked about Cohen’s upcoming appearance.

TRUMP: I’m not worried about it at all.

But members and the majority brush off the word “theater,” and promised cold, hard facts.

REP. WILLIAM LACY CLAY (D), MISSOURI: It certainly opens the window that we haven’t had the opportunity to hear from him. When you think about over the last two years, we’ve had very little oversight over this administration. So this is probably, probably just the crack in the window that starts the process of real oversight.

(END VIDEOTAPE)

SPUNT: The president’s personal attorney Rudy Giuliani told Fox News today, Cohen is, quote, “Thoroughly discredited liar.” Ed.

HENRY: All right. David, appreciate that report. Let’s bring in the ranking Republican on the House Oversight Committee, you heard from him there, Congressman Jim Jordan. Congressman, we appreciate you being here live.

REP. JIM JORDAN (R), OHIO: Good to be with you, Ed.

HENRY: So what’s your direct reaction?

JORDAN: First, big hearing that the Democratic Congress has, they bring in a convicted felon. I mean, think about this, this guy’s going to prison in two months. First big hearing and he’s going to prison, why? Because he lied to Congress, and that’s your first big witness? I mean, if this doesn’t underscore the fact that they are totally focused on getting the President and not undoing what’s best for the country.

I don’t know what -- remember what happened a week ago? What’s the first Brad Sherman, Congressman from California --

HENRY: Talked about articles of impeachment.

JORDAN: Impeachment resolution. Remember the statement from the person not even on the job for 24 hours. The terrible things he said about the President. So this just seems to be where they want to go. I think it’s - - I think it’s just so -- they’re not focused on what’s best for the country.

HENRY: On the other head hand, to be fair to Michael Cohen, what he says and what some of the lawmakers are saying is, look, he made a mistake, people make mistakes. He lied previously. He’s trying to make amends now, Michael Cohen and come to grips with his life and tell the truth. People - - this happens to people.

JORDAN: For a year and half, we have tried to get to the bottom of what the FBI did when they sent one party’s opposition research document, dress it all up, made it look like legitimate intelligence, took it to a secret court to get a warrant to spy on President Trump’s campaign. And these hearings, all these depositions we’ve had, we start to ask questions about that. Oh, can’t answer. FBI lawyer, the DOJ lawyers said no, the person can’t answer because it might get into Mueller’s investigation.

HENRY: Right.

JORDAN: And now who are the Democrats bringing in? The star witness for the Mueller investigation. I mean, you would laugh if it wasn’t so serious.

HENRY: So, right now, Elijah Cummings, I want to be fair. Here is what he and other Democrats said today about how they insist, they’re not interfering with Mueller’s probe. Watch.

(BEGIN VIDEO CLIP)

REP. ELIJAH CUMMINS (D-MD), CHAIRMAN, HOUSE OVERSIGHT COMMITTEE: We are going to - we’re going to make sure that we do absolutely nothing to interfere with the Mueller investigation. That is very, very important to us.

REP. ADAM SCHIFF (D-CA), CHAIRMAN, HOUSE INTELLIGENCE COMMITTEE: I don’t want to make a representation to have a special counsel. We will obviously be in consultation with special counsel about his testimony before our committee, but we need to get a full accounting of what took place.

(END VIDEO CLIP)

HENRY: It sounds like a key part of what Adam Schiff there said was, we will be in consultation with Mueller.

JORDAN: Even Chairman Cummings’ statements says we’re in the process of talking to the special counsel. I mean, look, I said in these depositions, Mark Meadows (INAUDIBLE) these depositions. We would ask legitimate questions designed to get at the facts. Not about the all and they would say, no, no. They can’t answer. So now you’re going to have the star witness in an open hearing? I mean, look, if -- I don’t see how they get through that.

The other thing that bothers me about this too is, do you know who we need in front of the committee? You know who needed for hearing? Rod Rosenstein. 3-1/2 months ago, it’s reported in all the mainstream press that Rod Rosenstein said to subordinates he was thinking about wearing a wire to record the President.

HENRY: May be invoked the 25th Amendment. And he kept saying I can’t testify you, he doesn’t have time, he’s busy.

JORDAN: But add to this fact, when we did have James Baker, former chief counsel of the FBI, we asked him about Rosenstein’s statements and what he heard from people who were in that room and James Baker, FBI, chief counsel said he thinks Rod Rosenstein was serious about those two statements. And we send a letter yesterday to Mr. Cummings, we want Rod Rosenstein to come in.

We haven’t heard from him about that but we got a big press release about Michael Cohen, a a convicted felon coming into the committee and you got to be --

HENRY: Congressman Jordan, we appreciate you coming in on short notice with some breaking news. Thank you very much.

JORDAN: You bet. Thank you, Ed.

HENRY: Did CNN’s Jim Acosta just accidentally prove that border walls actually work? Acosta is getting mocked across social media for a video. In his defense, Acosta is tweeting that if the barrier he reported on today works, maybe there is not a crisis as the {resident claims. Our panel is here to weigh in fair and bounce, we’ll get both sides.

Plus, one lawmaker is giving back donations from Ed Buck. He’s that Democratic donor whose apartment has been the scene of two untimely deaths. And later, are some top Democrats being anti-Catholic? That’s been the charge from Republicans but what’s new tonight, a senior Democrat in the House is a warning it looks that way. The intraparty Democratic war over religion and politics. Coming up.

(COMMERCIAL BREAK)

HENRY: Using a national emergency declaration to pay for the border barrier comes with some risks. According to Republican Senator Marco Rubio, check out what he had to say today.

(BEGIN VIDEO CLIP)

SEN. MARCO RUBIO (R), FLORIDA: Today, President Trump may do -- may use it to do something we support but eight years from now we may have somebody else do it for something we do not. And somebody could say those are national emergency out there on guns and lead to some executive action without Congress being involved or climate change, or anything else.

(END VIDEO CLIP)

HENRY: Time now for tonight’s power panel, former chief counsel to the House Judiciary Democrats, Julian Epstein. The White House Correspondent for the Daily Caller, Saagar Enjeti and the former deputy assistant secretary over there at the Department of Homeland Security, Lauren Claffey. Good to see you all tonight.

LAUREN CLAFFEY, REPUBLICAN STRATEGIST: Good to see you too.

HENRY: Lauren, it seems like Marco Rubio made a fair point for Republicans. You were just working for Kirstjen Nielsen recently. This could boomerang on the White House. The President could get what he wants on the wall but it could open up a can of worms.

CLAFFEY: Yes. Absolutely, I think the President is going to have to be very specific if he is going to be using this act in order to declare a state national emergency. Generally this provision is used for things like there’s 30 I think or over 30, there are incurrent existence right now. They’re used for things like sanctions, countering foreign powers. Most recently, his administration did wine around countering foreign actors securing our election systems, right?

So they’re more broad and foreign policy national defense-oriented. This will be a unique use for this provision and I agree with Rubio, I’m a little concerned that it might not be the best president to send. And also I’m not sure which statute that he is going to actually use in order to make the case that he should have this power.

HENRY: Saagar, on the other hand, this President has a political objective here which is that he promised he was going to deliver on the wall, he is facing a recalcitrant Congress. Does he have to get it done one way or another?

SAAGAR ENJETI, WHITE HOUSE CORRESPONDENT, THE DAILY CALLER: Did the -- increasingly the White House looks at this and they says this is the only way that we can deliver on this promise if we’re going to get it done in any time in this first term. With the Democrats that are in power, we have seen I think three or four different offers at the White House is given over to the Democratic leadership. They said no to every single one.

They have to face the choice of either keeping the government shut down for months and months and months or pursuing, you know, the national emergency and building the wall with military funds.

HENRY: Julian, as a Democrat, you weigh in on that but I also want to give you something else which is Senator Chris Murphy, a Democrat tweeted this, hey Republicans, someday soon there will be a Democratic president and once you open the national emergency bottle, the genie doesn’t go back in. Bet you could bring a single-payer or healthcare system faster build one, than a wall with Mexico. Just saying.

JULIAN EPSTEIN, DEMOCRATIC STRATEGIST: And all the strict constitutionalist when Obama did the deferred action on DACA, they were all claiming that the President doesn’t have that authority. So I think Republicans are going to fix it. I think Lauren states the case quite well, it’s not just Rubio they’re saying that a number of Republicans are saying that the President is on thin ice here and I think the reason that he is doing it is frankly, it’s weasel way out of this debate.

I’m not sure if it will be upheld in the court, but he is losing the public debate here. He just lost the midterm election where he immigration the primary issue. Polls are showing 15 to 20 points that he’s losing this debate. Republicans are starting to crack on Capitol Hill, and a lot of people think this is just insincere politics. Republicans had the Congress for two years. They didn’t -- appropriate a single dime for more -- for a wall or border fence or anything else.

He’s now shifted his position to a steel fence or a steel slack --

(CROSSTALK)

HENRY: But he is trying to meet them halfway. I wanted to give you a chance to make your point. Democrats haven’t move an inch, they haven’t offered him a dollar. He says, look, I’ll do steel, I’ll do whatever you want. I’ll meet you halfway.

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