Trump: ‘There’s a good chance we’ll have to’ declare a national emergency to build the wall

FAN Editor

President Donald Trump on Friday said, “I think there’s a good chance we’ll have to” declare a national emergency in order to appropriate the funds to build his border wall.

Trump wouldn’t say he would definitely declare it, but he told reporters that such a declaration “does help the process.”

The remarks came as a specially created committee in Congress has two weeks to reach a compromise on border security before the current short term government funding bill expires on February 15. If no deal is reached, then Trump could decide to either shut down the government for the second time this year, or potentially sign a bill funding federal agencies, and then use his executive powers to declare a national emergency on the southern border.

Trump has been threatening for more than a month to use a national emergency declaration to commandeer funds that have already been appropriated by Congress for other purposes, such as disaster relief, and se them to pay for construct of a wall.

Such a declaration would almost certainly be challenged in court. There, the administration could find it challenging to make the argument that the immigration situation on the southern border, which has not materially changed in several months, merits an emergency declaration only now, after Trump was unable to secure the needed funds from Congress.

Asked Friday if he was concerned about courts halting an emergency declaration, Trump replied, “we have very, very strong legal standing to win,” adding that it would be “very hard” for a court to enjoin the declaration.

Trump also declared several times that the wall was already being built. Trump was presumably referring to stretches of both new wall and replacement wall that were approved and paid for last year with 2018 funding, but which are slated to begin construction later this winter.

“We’re building the wall, and we’re building a lot of wall,” Trump said, “but I can do it a lot faster the other way.”

It was unclear what impact statements like these, which imply that the purpose of the national emergency would be merely to speed up construction, might have on the legal argument for a national emergency, if Trump were to declare one and it were to be challenged in court.

Trump has so far drawn a hard line in negotiations with Congress, saying he will not accept anything short of billions of dollars designated for the construction of a wall on the U.S.-Mexico border.

House Speaker Nancy Pelosi has drawn a line, as well, telling reporters on Thursday, “there’s not going to be any wall money in the legislation.”

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