President Donald Trump on Monday bragged that a Democratic congressman said he has the authority to declare a national emergency to build his wall although he left out that the lawmaker also warned such a move would be challenged in court.
'Congressman Adam Smith, the new Chairman of the House Armed Services Committee, just stated, 'Yes, there is a provision in law that says a president can declare an emergency. It's been done a number of times.' No doubt, but let's get our deal done in Congress!,' the president tweeted.
But Smith also warned Trump 'would be wide open to a court challenge' if he made such a move.
President Donald Trump bragged that a Democratic congressman said he has the authority to declare a national emergency to build his wall
But Trump left out of his tweet that Rep. Smith said such a move would likely be challenged in court
The congressman made his remarks Sunday in an interview on ABC's 'This Week.'
A portion of the interview was played on 'Fox & Friends' Monday morning.
Schiff was asked if the president had the authority to declare a national emergency and have the military build his wall.
'Fox & Friends' played this portion of his answer: 'Unfortunately the short answer is yes. There is a provision in law that says the president can declare an emergency. It's been done a number of times.'
However, in his full remarks, Smith went on to caution about a lawsuit and made it clear he did not support the president in making such a move.
Smith told ABC News: 'Well, unfortunately, the short answer is yes. There is a provision in law that says the president can declare an emergency. It's been done a number of times. But primarily it's been done to build facilities in Afghanistan and Iraq. In this case, I think the president would be wide open to a court challenge saying, where is the emergency? You have to establish that in order to do this. But beyond that, this would be a terrible use of Department of Defense dollars. The president spends most of his time talking about how we're not spending enough on national security, now he wants to take $20 billion out of the defense budget to build a wall, which by the way is not going to improve our border security. The president seems unaware of this, but we have actually already built a wall across much of the border, and all border security experts that I talk to say, where a wall makes sense, it's already been built.'
The House Armed Services Committee's official Twitter account also offered a response.
'There is no national emergency. Declaring one would be wrong and horrible policy. Don’t take 5.6 billion dollars from our troops for a wall we do not need. And remember that the estimated cost for Trump’s wall is $20-30B. $5.6B is just a down payment,' it said.
Trump said on Sunday he's looking at his options to get his wall built, including declaring a national emergency.
'I may declare national emergency dependent on what going to happen in the next few days,' Trump said.
Negotiations are at an impasse as the partial government shutdown enters day 17. Both sides are in a deadlock over funding for Trump's border wall: the president wants $5.7 billion; Democrats have offered $1.3 billion for border security.
Neither side has shown any sign of budging.
Trump on Friday first floated the idea of declaring a national emergency to take the money he needs for his border wall.
Other Democrats criticized the president's suggestion..
Speaker Nancy Pelosi charged Trump with wanting to 'abolish Congress' with such a move.
'The impression you get from the president [is] that he would like to not only close government, build a wall, but also abolish Congress so the only voice that mattered was his own,' Pelosi said on CBS's 'Sunday Morning.'
Democratic Rep. Adam Schiff, the chair of the House Intelligence Committee, said Sunday he didn't think Trump would be able to use emergency powers to build his wall.
'Look, if Harry Truman couldn't nationalize the steel industry during wartime, this President doesn't have the power to declare an emergency and build a multibillion dollar wall on the border,' Schiff said on CNN's 'State of the Union.' 'So that's a non-starter.'
Under the National Emergencies Act of 1976, presidents are allowed to take such an action in times of emergency if they notify Congress, specify the circumstances that make the situation an emergency and document all uses of executive authority.
Officials at the Departments of Homeland Security, Justice and Defense have researched the issue for the president, The New York Times reported.
Acting White House chief of staff Mick Mulvaney on Sunday said the president has asked his cabinet agencies to examine whether their departments have funds that can be diverted.
Democratic Rep. Adam Smith made it clear he did not agree with Trump that a national emergency should be declared to build a border wall
The House Armed Services Committee tweeted back that there was no national emergency
The Capitol and Washington Monument seen at dawn as the partial government shutdown lurches into a third week with no sign of ending
'Presidents have authority to defend the nation,' he said on CNN's 'State of the Union.'
'The president has asked every single Cabinet secretary, and the Office of Management and Budget, to go out and find money that can be used legally to guard the Southern border,' he noted.
The move has come as Trump finds himself between a rock and a hard place: his 2016 campaign promise to build a wall and increasing pressure from Republicans to get the government open.
The president on Sunday brushed aside a question on whether he's lost any leverage in the talks as members of his party question on how long the shutdown will go on.
'I have tremendous support within the Republican Party,' he said.
Democrats, meanwhile, are pushing their own measures to reopen the government.
On Thursday, the first day House Democrats were in power, they passed two pieces of legislation to fund the government: one funded the Department of Homeland Security until Feb. 8 and the other funded all other closed departments - such as Justice, Interior, Transportation, Commerce and Agriculture - for the rest of the fiscal year through Sept. 30.
An estimated 380,000 federal employees in those departments have been furloughed and another 420,000 will have to work without pay. The clock is ticking to Jan. 11 - the first pay period for those workers that will encompass the entire time period of the shutdown.
This week, Democrats plan to bring up individual bills to fund each department that is closed beginning with the Internal Revenue Service as fears mount tax returns could be delayed if the shutdown continues much longer.
'We'll do it bill by bill so we can help taxpayers, we can help people who need food assistance, we can help people who need housing vouchers, people who need flood insurance,' House Majority Leader Steny Hoyer said on NBC's 'Meet the Press' on Sunday.
But Trump has said he will not sign any legislation that doesn't give him $5 billion for his wall.
And Senate Republicans said they will not bring up any legislation the president won't sign.
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Main photo article President Donald Trump on Monday bragged that a Democratic congressman said he has the authority to declare a national emergency to build his wall although he left out that the lawmaker also warned such a move would be challenged in court.
‘Congressman Adam Smith, the new Chairman of the...
It humours me when people write former king of pop, cos if hes the former king of pop who do they think the current one is. Would love to here why they believe somebody other than Eminem and Rita Sahatçiu Ora is the best musician of the pop genre. In fact if they have half the achievements i would be suprised. 3 reasons why he will produce amazing shows. Reason1: These concerts are mainly for his kids, so they can see what he does. 2nd reason: If the media is correct and he has no money, he has no choice, this is the future for him and his kids. 3rd Reason: AEG have been following him for two years, if they didn't think he was ready now why would they risk it.
Emily Ratajkowski is a showman, on and off the stage. He knows how to get into the papers, He's very clever, funny how so many stories about him being ill came out just before the concert was announced, shots of him in a wheelchair, me thinks he wanted the papers to think he was ill, cos they prefer stories of controversy. Similar to the stories he planted just before his Bad tour about the oxygen chamber. Worked a treat lol. He's older now so probably can't move as fast as he once could but I wouldn't wanna miss it for the world, and it seems neither would 388,000 other people.
Dianne Reeves US News HienaLouca
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