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Developing now, Tuesday, Feb. 19, 2019

NEW YORK, CALIFORNIA, 14 OTHER STATES SUE TRUMP IN NINTH CIRCUIT OVER EMERGENCY DECLARATION: The attorneys general of California, New York, and 14 other states on Monday filed a lawsuit in the Ninth Circuit against the White House's recent national emergency declaration over border security, claiming President Trump has "veered the country toward a constitutional crisis of his own making."

Trump had predicted the lawsuit last week. He's slammed the Ninth Circuit multiple times as "disgraceful" and politically biased.

The litigation, brought before a federal trial court in the Northern District of California, seeks an injunction to prevent Trump from shifting billions of dollars from military construction to the border without explicit congressional approval. The suit also asks a court to declare Trump's actions illegal, arguing that Trump showed a "flagrant disregard of fundamental separation of powers principles ingrained in the United States Constitution" by violating the Constitution's Presentment and Appropriations Clauses, which govern federal spending.

National Border Patrol Museum in Texas vandalized by dozens of protesters, director says

Migrant dies while in custody of Border Patrol in Texas, report says

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DEPUTY AG ROSENSTEIN EXPECTED TO STEP DOWN BY MID-MARCH, OFFICIAL SAYS: Deputy Attorney General Rod Rosenstein is expected to leave his role at the Justice Department by mid-March, a senior DOJ official told Fox News on Monday.

An official announcement of who has been selected to replace Rosenstein could come as early as this week. A Trump administration official added that Attorney General William Barr has picked Jeffrey Rosen, who currently serves as Deputy Secretary of the U.S. Department of Transportation, to take over for Rosenstein.

Talks on Rosenstein possibly recording Trump unfolded over 'couple of days,' abandoned as 'too risky': former top FBI lawyer

VENEZUELAN WHO ESCAPED SOCIALIST NIGHTMARE SLAMS GREEN NEW DEAL BACKED BY OCASIO-CORTEZ: A Venezuelan citizen, who left the crisis-stricken country in his teens for America, is speaking out against socialism and the Maduro regime -- and giving a warning to anyone who may support the Green New Deal backed by liberal Democrats including Rep. Alexandria Ocasio-Cortez, D-N.Y.

Daniel Di Martino told “The Story with Martha MacCallum” that his family went from flourishing in the upper middle class to making just two dollars a day under now-disputed Venezuelan President Nicolas Maduro and former President Hugo Chavez.

Trump declares 'socialism is dying' amid Venezuela 'catastrophe,' promises 'this will never happen to us'

Democrats press Trump to give Venezuelans in US reprieve from deportation

KAMALA HARRIS GIVES AWKWARD RESPONSE WHEN ASKED ABOUT JUSSIE SMOLLETT CLAIMS: Democratic presidential candidate Kamala Harris appeared to be caught off guard Monday when she was asked about the latest developments in the alleged attack on "Empire" actor Jussie Smollett.

During an appearance at a bookstore in Concord, N.H., a female reporter asked the senator from California if she wanted to amend a tweet from Jan. 29, in which she said Smollett was the victim of "an attempted modern day lynching" and called the actor "one of the kindest, most gentle human beings I know." Harris has also used the Smollett attack to push legislation that would make lynching a federal hate crime. She now said that she will not comment on the case until we learn the outcome of the investigation.

Kamala Harris distances herself from Bernie Sanders: 'I am not a democratic socialist'

MAN WHO DIED IN DEMOCRATIC MEGADONOR ED BUCK'S HOME CALLED HIM A 'F---ING DEVIL,' REPORT SAYS: A man who died last month at the West Hollywood home of prominent Democratic Party fundraiser Ed Buck warned his friends to steer clear of the well-connected donor and referred to him as a "f---ing devil" and "a horrible, horrible man," according to a report Monday night.

Timothy Dean, 55, was found dead in Buck's apartment early on Jan. 7, 17 months after 26-year-old male escort Gemmel Moore was found dead of a methamphetamine overdose. The Daily Beast reported that Dean and Buck had a relationship years before Moore's death, but Dean's friends claimed the relationship turned into a one-sided affair -- with Buck sending multiple text messages to Dean and Dean declining to respond.

THE SOUNDBITE

AN UNCONSTITUTIONAL COUP D’ETAT – “I don’t want to criminalize differences on either side, but there ought to be hearings and we ought to get to the truth as to how serious Rosenstein was. Did he actually think about, plan about, wearing a wire? Did he actually speak to or consider speaking to cabinet members getting their approval for the invoking of the 25th Amendment? That would be a serious movement toward an unconstitutional coup d’etat. – Harvard Law professor Alan Dershowitz on “America’s Newsroom,” on his belief that former FBI Deputy Director Andrew McCabe and Deputy Attorney General Rod Rosenstein were searching for a way to remove President Donald Trump from office. WATCH

TODAY’S MUST-READS

California runner slips on ice, falls 180 feet to his death from San Gabriel Mountains, officials say

Alabama-born ISIS wife who reportedly told Americans to kill themselves now begging to come home

Warren set to release $70B-per-year plan for universal child care, till tap wealth tax

MINDING YOUR BUSINESS

Green New Deal is economic nonsense: Varney

Utility bills cost the most and least in these states

Southwest Airlines under FAA probe over baggage weight

Billionaire Tim Draper reacts to Jamie Dimon launching his own cryptocurrency

Inherited a fat 401(k)? 4 things to know

STAY TUNED

On Fox Nation:

Pete Hegseth, Jesse Watters were contestants on Fox Nation's "Quiz Show" - Fox News hosts Jesse Watters and Pete Hegseth put their TV and movie knowledge to the test on two new episodes of "The Quiz Show." Watch a preview of the show now.

Not a subscriber? Click here to join Fox Nation today!

On Fox News:

Fox & Friends, 6 a.m. ET: Guests include: Rob Schmitt, Fox & Friends First Host; Judge Andrew Napolitano, Fox News judicial analyst; Tim Carney, author of "Alienated America"; Jon Summers, former communications director for Harry Reid; Trae Bodge, smart shopping expert at truetrae.com; Vincent Hill, law enforcement expert; Joseph Imperatrice, NYPD sergeant, founder of Blue Lives Matter-NYC.

Outnumbered Overtime with Harris Faulker, 1 p.m. ET: Special guests include Judy Miller, adjunct fellow at the Manhattan Institute for Policy Research; Dan Henninger, WSJ editorial page deputy editor.

Your World with Neil Cavuto, 4 p.m. ET: Special guest: Melissa Armo, founder of the education firm "The Stock Swoosh."

The Story with Martha MacCallum, 7 p.m. ET: Guests include: Judge Andrew Napolitano; Robert Zimmerman, Democratic National Committee member; Jack Riley, DEA Agent.

Hannity, 9 p.m. ET: Guests include: Joe Concha, media reporter for The Hill and new radio talk show host on W-O-R.

On Fox News Radio:

The Fox News Rundown podcast: "New Approach and Problems for Military Recruitment" - After the U.S. Army missed its recruiting goal in 2018, recruiters are trying a different approach with a focus on reaching out to millennials. FOX’s National Security Correspondent at the Pentagon Jennifer Griffin says the new game plan has its own problems. Recycling company TerraCycle has partnered with some the largest brand names in consumer goods on a new project called “Loop,” in an effort to change the world’s reliance on single-use packaging. We speak to Founder and CEO of TerraCycle, Tom Szaky and Vice President and Chief Sustainability Officer at Procter & Gamble, Virginie Helias about the initiative. Plus, commentary by Host of "Media Buzz" on the FOX News Channel and The Media BUZZMeter podcast, Howard Kurtz.

Want the Fox News Rundown sent straight to your mobile device? Subscribe through Apple Podcasts, Google Play, and Stitcher.

The Brian Kilmeade Show, 9 a.m. ET: Topics include Venezuela, Syria, Trump's advisors, and the 2020 race, and McCabe with the following guests: Jennifer Griffin, Allen West, Michael Rubin, Varney Simulcast, Rep. Duncan Hunter, R-Calif., Sarah Verado and Alan Dershowitz.

#ONTHISDAY

2008: An ailing Fidel Castro resigned the Cuban presidency after nearly a half-century in power; his brother Raul was later named to succeed him.

1986: The U.S. Senate approved, 83-11, the Genocide Convention, an international treaty outlawing "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group," nearly 37 years after the pact was first submitted for ratification.

1968: The children's program "Mister Rogers' Neighborhood," created by and starring Fred Rogers, made its network debut on National Educational Television, a forerunner of PBS, beginning a 31-season run.

1942: During World War II, President Franklin D. Roosevelt signed Executive Order 9066, which paved the way for the relocation and internment of people of Japanese ancestry, including U.S.-born citizens.

1473: Astronomer Nicolaus Copernicus was born in Torun, Poland.

Fox News First is compiled by Fox News' Bryan Robinson. Fox News' Bradford Betz contributed to this edition. Thank you for joining us! Have a good day! We'll see you in your inbox first thing Tuesday morning.