law school. i'm sure she will do very well with that great attitude. congratulations. thanks for joining us. kicking off the week here on a monday, i'm dana perino. it's ed henry in for shep. >> president trump warning iran the u.s. could bring the country to an end. iran's foreign minister with a warning of his own. tehran reportedly making a new move with their nuclear program. >> look at that tornado. >> man! twisters tearing through american towns. leaving homes destroyed and people injured. forecasters say the threat is far from over. also kids facing a new danger from the opioid epidemic.

needles on ball fields. i'm ed henry in for shep. last week the president hit iran with new sanctions. new the uranium production is within the agreements guidelines but iran will surpass the stockpile limitations in that deal. meantime, the president warning it will be the official end of iran if it fights with america. iran's foreign minister tweeting back, economic terrorism and taunts won't end iran. this comes after a rocket landed less than a mile in baghdad yesterday. nobody hurt thankfully and nobody has claimed responsibility yet. the trump administration recently sent an aircraft carrier and air force bombers to the mideast after what they call potential threats from iran. last week, officials ordered nonemergency government

employees out of iraq. this is what they described as an imminent threat. the white house has note provided details or evidence of what the threats are. jennifer griffin is all over this story reporting live from the pentagon. good afternoon. >> good afternoon, ed. pentagon officials say they're not investigating the attack near the green zone this weekend. >> the rocket was fired just days after the state department ordered that evacuation of nonessential staff in northern iraq. experts gave iraq what they wanted. more than 5,000 troops remain in iraq last year. a similar rocket attack caused the trump administration to

close its consulate in basra, which some at the pentagon views as an overreaction. ed? >> ed: what is the reaction today from the white house? >> the president tweeted after the rocket attack -- >> the iranian foreign minister trolled president trump on twitter saying -- >> president trump tweeted today that it is fake news that he wants to negotiate with iran. contradicting a senior administration official speaking to reporters on president trump's behalf friday.

>> in the arabian sea, the u.s.s. abraham lincoln trained with the marines and navy. patrick shanahan, who has not beneficially nominated by the white house and the chairman of the joint chiefs brief skeptical lawmakers tomorrow on the latest intelligence that led to the pentagon's new warning about iran. ed? >> ed: thanks, jennifer. getting through all of that. now let's turn to breaking news. the trump administration expected to tell don mcgahn to testify in front of congress tomorrow. that according to "the new york times." if me megan doesn't show up on the hill, he could be held in contempt of congress. robert mueller mention the former white house counsel more than any other administration official. the special counsel quoting

mcgahn saying that the president told him mueller has to go. the president has said that he never told mcgahn to fire the special counsel. the house judiciary committee chair, jerry nadler has said if the president stops mcgahn from testifying, it would be one more act of obstruction from the president. catherine herridge is reporting live in washington with details. good afternoon. >> this is breaking in the last hour. we expect a document from the olc, the office of legal counsel at the justice department. it's not a household name, but it's a very important unit within the justice department that is like the inhouse lawyer for the attorney general, for the white house. the executive branch to give them legal opinions as to whether their actions will be upheld under the law. we're told to expect this opinion about issues related to immunity, not in the traditional sense of whether a crime is being committed but whether the, if you will, the invoking of

executive privilege by the white house would cover don mcgahn who is new a private citizen and it would allow him to forego any testimony which is now scheduled at the house judiciary committee on tuesday. the argument here by the white house is that during the special counsel investigation, people like don mcgahn, who are part of the executive branch, were able to speak freely to robert mueller, to provide information about conversations with the president, which would normally be shielded. but they took the position because they were all within the executive branch, they were able to do so. but the privilege was still applying if the information were to be shared outside of the executive branch. that's where congress comes in with subpoenas for records and for testimony. the white house position has been that the privilege still stands. so that's what you should be looking for in this office of legal counsel opinion. will the executive privilege

still stand, will it be sufficient that don mcgahn who is now a private citizen and outside the administration does not have to comply with the subpoena and testify tomorrow in front of the house judiciary committee. again, the language they're using is immunity but it's not immunity in the traditional sense. it's immunity from having to testify before congress under the principle that executive privilege has been asserted and does have legal standing in this particular case, ed. >> ed: thanks, katherine. the president and vice president have their eyes on pennsylvania. we'll preview the president's rally there tonight and look at how the former vice president is using his roots to make early n inroads in that crucial battleground. how other 2020 candidates are starting the week that is coming up. my skin... it was embarrassing.

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pennsylvania is as a 2020 battleground, consider this. first, the former vice president, joe biden, head a rally in philly after launching his campaign in pittsburgh. he's a pennsylvania native and decided to base his national campaign head quarter there's, not far from delaware. the president heads to the state tonight to rally his supporters that gave him a narrow victory there back in 2016. the president beat hillary clinton by about 1% helping him crack that blue wall that we heard about and win the white house. bryan llenas is reporting live from philly. good afternoon. bryan? >> ed, good afternoon. this is the president's first visit to pennsylvania since before the mid-terms last year when he held a rally to support local republican candidates like lou barletta. democrats winning big in pennsylvania flipping four republican held seats. now today trump supporters began

lining up this morning for his big rally tonight at 7:00 p.m. the president is trying to bolster support after a poll shows trump losing to joe biden by 11 points in pennsylvania. he won the state in 2016 becoming the first republican candidate to win pennsylvania since 1998. tonight's rally is 65 miles west of scranton, pennsylvania. scranton is the hometown of former vice president biden. if the president's twitter account is any indication, we can expect lots of biden chatter tonight. the president tweeting today, looks like bernie sanders is history. sleepy joe biden is pulling ahead and think about it. i'm only here because of sleepy joe and the man that took him off the trash heap, president o. china wants sleepy joe badly. pennsylvania has a 3.8% unemployment rate right now and

115,000 jobs have been added since. >> the trump campaign has been showing headlines saying from veer use pennsylvania newspapers, touting the low unemployment that you mentioned. what is the biden pitch then to pennsylvania voters? >> well, biden's pitch is he wants to revitalize the middle class. his pitch is that he can speak to the trump base, the working class blue collar voters that ended up voting for trump in 2016 in pennsylvania, michigan and wisconsin. on saturday during that speech here in philadelphia, biden took credit for the current state of the economy. >> i know president trump likes to take credit for the economy and economic growth and the low unemployment numbers. but guess what are the facts? not the alternative facts. president trump inherited an economy from obama-biden

administration that was given to him. just like he inherited everything else in his life. >> vice president joe biden said he's not going to speak ill about the other democratic contenders. that's not the same when it comes to trump. very comfortable speaking about the president, ed. >> ed: bryan llenas live in pennsylvania. let's go to another battleground and check in on the other 2020 democratic candidates. peter doocy is live on the trail in new hampshire. in fact, manchester, new hampshire. good to see you, peter. >> good to see you too, ed. last night here in new hampshire, pete buttigieg says he doesn't claim when the president tweets out to 60 million social media followers that pete buttigieg won't be president. >> it's mesmerizing. it's the nature of grotesque things that you can't look away. >> he dismissed concerned about

poor polling numbers and affirmed a woman's right to choose even if it's an abortion in the third trimester. >> we're talking about women who have perhaps chosen a name, women who have purchased a crib, families that then get the most devastating medical news of their lifetime, the health of the mother that forces them to make an impossible unthinkable choice. >> buttigieg tried to re-assure any primary voters that might be concerned about his age, 37, that he's not too young and the way he described that is to say that when life on the campaign trail shifts to future life in the 2050s, that's not theoretical for him because he hopes to be alive them. the suggestion is that not everybody else running would be, ed. >> ed: so do we all. what is senator kamala harris doing to catch biden in the polls? >> she's pitching a new plan now

out in california last night that would penalize employers that do not pay men and women the same salaries. so her campaign sent this release along. it said for every 1% wage gap, they'll be fined 1% of their profits. >> in america today, women for the same work for the equal work on average make 80 cents on the dollar. >> harris is in fourth place right now nationally in the real clear politics avenue rim of polls behind biden, bernie and warren. ed? >> ed: thanks, peter. live in manchester. two days after accusing the president of impeachable conduct, a republican lawmaker is now facing a primary challenge. michigan congressman justin amash became the first gop member of congress to break with his party. he tweeted he read the entire

redacted mueller report and that the president had met the threshold for impeachment when it comes to obstruction of justice charges. special counsel robert mueller did not reach a conclusion of course on obstruction but attorney general william barr says he does not think prosecutors could prove it beyond a reasonable doubt. jim lauer announced this morning that he's running for amash's seat. he's calling himself a pro up the candidate and decided to make the announcement earlier than planned because of amash's tweets. ahead, politics heating up a cross the pond as well. one protester's weapon of choice, a milk shake. we'll see what this is about. plus, chicago making history. lori lightfoot now the first openly gay black woman mayor. what she says she wants for chicago coming up.

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use a lot, just switch to unlimited. get $250 back when you buy a new samsung galaxy. call, visit or click today. >> ed: well, some breakfast protesters in the u.k. arming themselves with milk shakes. their latest victim, pro brexit nigel firage. you can see what is left of the banana and salted caramel shake dripping down his lapel. a mcdonald's said that they were told to stop selling ice creme and brexit parties over the weekend. they tweeted -- >> homeland security officials confirming to fox next that chinese drones are stealing that that from the u.s. and making it

available to the chinese government. hillary vaughn has more. good to see you. >> hi, ed. we obtained the memo sent out that sid that drones made in china even when they're in the hands of u.s. companies or civilians can be manipulated as an intelligence gathering tool writing -- >> now, dhs says the drones with take information on the flight data path and even the pilots using the drones. that's a problem. drones are not just used by hobbiests but law enforcement and border patrol and u.s. military. so the dhs is warning that china is forcing any of their technology and their technology

companies to hand over data that they want access to. ed? >> hillary, how many of these drones are in the u.s.? what is the universe of them? >> a lot. over 80% of all drones flown here in the u.s. come from china. one of those is dji, the biggest drone maker, the most popular drone used here in the u.s. they're reacting to this alert saying they're in complains with all of dhs rules. they wrote -- >> the dji is not the only drone maker in china. one drone maker says the timing of this is all geo political. has to do with the tension and tech crack down between the u.s.

and china. ed? >> ed: thanks, hillary. a comedian that played on tv is now ukraine's president. vladimir zalinski was sworn in today. he urged government officials to resign if they're not serious about change. he campaigned on a promise to end government corruption and won in a landslide. in a speech after his inaugural, he told his country that "government is not the solution to our problem. government is the problem." quoting another actor turned president, ronald reagan. he's promised to end ukraine's five-year long war with russia. the third largest city has their first openly gay black woman as mayor. lori lightfoot sworn in today. she's vowed to get rid of what she calls the broken and corrupt

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whether congress can force him to testify. let's get back to catherine herridge. she's reporting live in washington with the details. good to see you. >> thank. good afternoon. so these issues are connected. this is the 15-page opinion from the office of legal counsel. the olc is like the inhouse lawyer for the executive branch. in this case, what we know from the 15-page document is that the white house counsel specifically asked whether don mcgahn was legally required to testify and comply with a subpoena from the house judiciary committee. the key quote is here, if you can bring it up. what the olc memo states is there's an executive branch protects. someone like don mcgahn is like an extension of the president himself. he says that we provide the same answer that the department of justice has provided for five

decades. congress may not compel the president's senior advisers to testify about their senior duties. this immunity is rooted in the constitutional separation of powers and derives from the president's independence from congress. there's other key sections in the document as well because the question then becomes, ed, will there be some kind of penalty if congress choosing to enforce the subpoena and dock mcgahn is not on the hill tomorrow? it states that congress cannot enforce what is called inherent immunity. there's civil, criminal and inherent. that section reads, we similarly believe that congress could not lawfully exercise any inherent contempt authority against mr. mcgahn for acertifieding immunity of the constitutional separation of powers bars congress their power in the face of a presidential assertion of

executive privilege. on the executive privilege question, the white house has argued that when they allowed people like don mcgahn to talk with the special counsel, robert mueller, about their conversations with the president, this was a sharing of information within the executive branch. but it still meant that executive privilege still stood and that if the information was shared outside of the special counsel with congress, the white house would remain in a position to assert or invoke executive privilege. the final key passage is here. this immunity applies to the former white house counsel, accordingly mr. mcgahn is not legally required to appear and testify about matters related to his official duties as counsel to the president. so the bottom line is that the white house counsel asked the executive branch's in house counsel if they had good legal standing to tell don mcgahn that he shouldn't testify, he should not comply with a subpoena,

should not show up tomorrow because they had asserted or invoked executive privilege over material that had been shared with the special counsel. so that's where we stand with mcgahn. the question is whether or not there may be some a little challenges to this issue by members of the house i don't rememberry committee. the argue has been made that because so much material was already dumped out to the public domain by the special counsel that some of the protection was no longer in effect. they had given up that right. that's where the legal question will go forward, ed. >> in the case of william bar, we heard about the possibility of house democrats trying to arrest him. we've heard about other administration officials who defy subpoenas could potentially face financial fines, penalties in order to compel them to testify. with mcgahn being a former official, is there any difference at all? to we know what punishment he

may face? >> what they're saying, ed, he's a former adviser but his period of time working for the president is covered in perpetuity. so forever. just because he's out of government doesn't give him latitude to comply and testify -- comply with that subpoena. so it doesn't matter now that he's out of government. what matters is that window of time when he was a presidential adviser. what the olc is saying that they can invoke the privilege, that it does still stand and that he has immunity from prosecution because he's like an extension of the president. i can read the section again. it says that congress does not -- it says -- >> so in lay person's terms, it means congress cannot punish don

mcgahn because the white house and the president have decided to invoke or assert executive privilege in these circumstances. so no punishment for mcgahn because the white house has decided to assert executive privilege over material that has been shared within the executive branch and the special counsel. they argue based on the law there's not an exception to give it to congress. they're not required to do so at this point. >> you talked about this with the president of the united states in your interview. >> two weeks ago i was fortunate to sit down with the president. i asked him a direct question. under what circumstances would he allow don mcgahn to testify to congress. he went back and forth a little bit. but then he ultimately said that he felt that this was done, those were his words, that they had fully co-operated and don mcgahn wouldn't be going to capitol hill. what we see is the opinion from the justice department backs up

that position from the president, that his counsel shouldn't go to the hill and discuss conversations that he had during the russia collusion investigation, ed. >> ed: thanks, katherine. the battle may just be beginning. >> i think so. thank you. >> you're welcome. >> ed: we mentioned this before. dozens of hypodermic needles keep popping up at a little league baseball park in albuquerque, new mexico. this photo shows items collected from fields at the park. you can see needles, cotton swaps and other drug paraphernalia. the lead president says earlier this month a needle pierced a 11-year-old's foot while she was practicing slides into various bases. trace gallagher reporting live from the west coast news hub, this is a remarkable story. >> it is, ed. the little girl that got stuck will have to undergo testing to see if she has an infection.

the problem has gotten so bad at the little league field in albuquerque that now before the games, you have parents and volunteers, 25 or 30 of them have to walk six baseball fields because they have to see if there's any of these hypodermic needles or syringes themselves. the city notes there's more homeless people in the area around this area and that appears to be a big part of the problem. the homeless use these stands and dugouts as shelters. sometimes they sleep in the bathrooms and sometimes they hang out in the dugouts. a homeless man was sleeping in a dugout and the game was moved to a different field. not because of the homeless man but because of the needles. the gates are locked but someone keeps breaking the locks. >> ed: scary stuff. the official said there was a change in state policy that

hopped the door to this? >> it's true. new mexico has a needle exchange program that serves between 17,000 and 20,000 people. used to be when you wanted ten clean needles, you had to bring in ten dirty ones. now you can get as many clean ones as you won't without exchanging them. the vast majority of people still bring in their dirty needles but clearly there's thousands being tossed anywhere. the city of albuquerque and the surrounding county are putting up more safe disposal boxes to help increase the cleanup effort. the mayor says the city need to invest in substance treatment abuse programs to help those with addiction, a big problem there. >> ed: thanks, trace. we're also watching texas and oklahoma where forecasters say tornados could touchdown today. it comes after twisters slammed

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subpoena from the house judiciary committee. let's go live to rich edson to get reaction from the white house and the reasoning. good to see you, rich. >> the statement from the white house is saying to this, the special counsel received more than 1.4 million documents, hours of interviews. they have spoken to don mcgahn about 30 hours and this is unnecessary and claiming that the privilege extends to the former counselor to the president and he doesn't have to comply with the subpoena. the democrats are hoping he would be on the hill to discuss the mueller report and his inclusion in it. he was cited a number of teams by robert mueller on the question of obstruction of justice, whether the president had tried to thwart the investigation and the attempt to fire robert mueller. this is supposed to be something that democrats were going to ask him about tomorrow. but now the white house instructing that that won't be the case, this is a continuation

of the back and forth between the house house and the congressional democrats. the white house says this is a settle issued. the white house says there was no obstruction, no collusion. democrats are continuing to probe this, especially as the findings on the obstruction of justice part of the mueller report so the back and forth goes. if mcgahn decides not to show up, there could be a contempt of congress vote and that will be played out in d.c. ned. >> ed: thanks, ed. let's go to capitol hill where we find chad pergram outside the office of the house judiciary chair, jerry nadler. chad, you have the potential as contempt charges against don mcgahn. i expressed potential for that. house democrats are pursuing the contempt charges against the sitting attorney general. these are extraordinary times.

>> keep in mind, what they would have to do. the house of representatives, the full house itself have not voted to hold william barr in contempt. it's not officially on the schedule. if the judiciary committee wanted to do this with don mcgahn, if he fails to show tomorrow, that would have to move through committee and that would have to come to the floor. there's some thought that maybe they were waiting to move the contempt of congress resolution against bar waiting to see what would happen with mcgahn. this situation with don mcgahn is eerily similar of what happened to harriet meyers from the george bush administration. the bush administration took the position that senior white house

advisers had a special level of immunity when the president asserts privilege. that's what they're doing with mcgahn and what they did with harriet mieyers, this went to court. here's what the d.c. court ruled. the d.c. court ruled absolute immunity claim here is entirely unsupported by existing case law. the white house, the bush white house said that such key advisers the serve the president as an alter ego and the court rejected that. it's possible that this could be headed to court regardless of whether or not they vote to hold don mcgahn in contempt of congress. we're told that hearing was scheduled for tomorrow morning will still forge ahead. is this one of these hearings where you have an empty chair and an empty glass of water? we've seen that weeks before.

wee saw that with william barr and he failed to show up after appearing before the senate judiciary committee the day before, ed. >> ed: and we saw a bucket of chicken there and some were wondering whether it was a spectacle. we'll see how it plays out. coming up, the threat of tornados this very afternoon. oh! oh!

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phil keating reporting live with more. phil, how did they'd catch him? >> ed, the police chief in auburn, alabama, is still being tight lipped about the exact details. it appears someone in the community was aware of the man hunt and helped tip off the cops as to where grady wilkes was hiding out. shot and kill was auburn police officer, william beatner, a veteran of the force for 13 years. it started as a domestic disturbance in a trailer park. when they arrived, immediate gun fire and seriously wounding two officers. in the nine-hour man hunt, investigators say he was last seen wearing body armor, camouflage and a helmet. the small town is still dealing with the suddenness and fatality of what is a normal call. >> as you can imagine, it's difficult for our entire county. as the major mentioned, this is not the kind of thing that we're

used to have happening here. we're not immune to things that can happen. so this will be difficult for us. but mainly we rally around each other and the families and get through this together and get back out there and do the jobs. >> the chief said wilkes offered little resistance. this is his mug shot this morning after he was captured around 7:00 a.m. about a mile away from where he was accused of shooting the three police officers. the suspect, wilkes, is charged with one count of capital murder, three counts of attempted murder and one count of domestic violence. ed? >> phil, did the suspect have a rap sheet? >> no. he was not on the radar. they had no prior contact with this guy. they weren't aware of his possible being a trouble maker out there. but the other two officers wounded here are expected to

recover. court records show a woman filed a protective order request against him. but that was denied by the judge. today's news conference, prosecutors confirmed that they absolutely are going to be pursuing the death penalty. >> ed: phil keating, thank you. forecasters say tornadoes, flash flooding and hail could hit millions. a meteorologist calls it a 24 to 36-hour onslaught of severe storms. warning folks to plan now and watch for updates. steve harrigan is where kids are home from school. how is it looking right now? this weekend there was all kinds of extreme weather in the midwest. >> ed: that's right. very scary predictions for a number of people here in oklahoma where we got the first tornado watches around warnings.

right now it's a little breezy. some rain has started. the worst is expected a few hours from now. it will get worse over the next few hours. more than 40 tornados in the region over the weekend. a little town ofgeranimo, oklahoma will be hit. >> the gentleman that lives in the house, he was out walking around. his wife was still stuck in the house. she was standing up to a window that collapsed on her bed. >> the tornadoes are expected to be long track tornadoes. they expect them to be on the ground for long periods of time bringing devastation, ed. >> ed: steve, when we prepare for these storms, could be an

onslaught. what kind of preparations are they taking? >> it's been unusual. the predictions have been so specific and so severe. oklahomans that have been through this are worried. you've seen them taking preparations. the schools have been shut. military aircraft has been evacuated. people are at store prepping their homes. >> take shelter. i have my kids. they know where to take shelter. we're ready. if the wind is blowing too hard, we go to the bathroom and take cover. >> the worst are expected overnight when people are at their most vulnerable. >> thanks. let's got the forecast. adam klotz has more. >> the conditions are there.

we're beginning to see the activity. everything is highlighted in this red box from north texas to oklahoma. those are tornado watches. the ingredients are there. we've seen a couple tornado-warned storms. this area in the pink, fort to the north, another one. this is the beginning of what will be a complex long-lasting system. you get this because you get temperatures in the middle 80s bumped up against temperatures in the 40s right along this line from north texas, oklahoma. we'll see a long-lasting period where there could be activity. here's a time stamp. you notice a slow moving line. we talked about this being a long event. that is going all the way from this afternoon to tomorrow morning. very little movement with this line of storms. at in point, this could turn into a tornadic system. this is the map i'm going to leave you with here, this white area, a high risk of severe weather, we almost never see that. this is from the national weather service. this is how serious it is.

>> ed: thanks, adam. we'll be watching at this time next day, 1 1/2 days. i'm ed henry in for shepard smith. "your world" with neil cavuto is next. >> neil: welcome. i'm neil cavuto. today no alerts. i just want to break from our normal hard news open to some news that is just hard. hard to grasp, hard to take, harder to explain. austin eubanks is dead, a man that devoted his life to help people conquer their demons succumbed to his own over the weekend. he was 37. some of you don't know his name but i bet you know what he survived 20 years ago. the columbine shooting in colorado. austin was 17 at the time. he was in the library with friends when he heard gun shots. a teacher ran into the room and told everybody to take cover and hide.