Fox News analyst Judge Andrew Napolitano — a frequent Trump critic — believes the president will lose in court amid the barrage of lawsuits challenging Trump’s declaration of a national emergency to build a border wall.
Trump Must Show There Is a Border Emergency
“The president would have to show that what he calls an invasion is so severe that it’s putting such pressure on the ordinary instruments of government [that he needed to declare an emergency],” Napolitano told Fox Business. “The Border Patrol supported by the military [must show] that they cannot address this without a physical barrier.”
Napolitano then said that President Trump cannot spend money that Congress has specifically disallowed.
“It’s equivocal as to whether or not there’s an emergency, but it’s not equivocal as to whether or not he can spend money that Congress has refused,” Judge Napolitano says. “The emergency declaration act cannot allow the president to do what the Constitution prohibits.”
Expert: The Law Is On Trump’s Side
Under his emergency declaration, President Trump plans to use $8 billion in unappropriated federal funds to build a wall along the US-Mexico border to enforce our national sovereignty and curb the daily barrage of illegal immigrants and illicit drugs.
While Democrats and their partners in the media are again claiming that Trump does not have the authority to do this, legal experts say the president is on “very solid legal ground.”
“The Department of Defense has funds in its account that are not specifically designated for anything,” says Harvard Law professor Mark Tushnet. “If he declares a national emergency and uses this pot of unappropriated money for the wall, he’s on very solid legal ground.”
Obama Declared 12 National Emergencies
All US presidents in the modern era have declared national emergencies. In fact, the United States is currently in the middle of 31 national emergencies ― 12 of which were issued by Barack Obama.
Keep in mind that the No. 1 job of the US President is to keep Americans safe. Accordingly, President Trump has broad authority — as stipulated in the United States Constitution — to take extraordinary measures to safeguard national security.
A president can — at his discretion — declare that the nation is in a state of national emergency.
Given the heavy financial burdens and criminal costs of illegal immigration borne by US taxpayers ($113 billion a year and 15 Americans murdered every day by illegals), Trump has a solid argument for declaring an emergency and building the border wall — without the support of obstructionist Democrats.
Obama Border Chief: Media Are Lying
Obama’s former border patrol chief, Mark Morgan, told Fox News the media are lying to the public by calling the longstanding crisis at the US-Mexico border a “manufactured crisis.”
How many more statistics do we have to provide [to prove there is a real crisis at the border]? How many more Angel Families have to stand in front of some of these individuals before they finally say, ‘Yeah, this is real.”
60,000 [people] come illegally into this country every month. This year so far, 62 caravans of 100 or more. Thirteen in all of last year – 2,000 in a single day this week. So the numbers are climbing, but it’s manufactured?”
By the way, we are building that wall.
- DOJ attorney in charge of election-crimes unit quits after AG Barr opens investigation - November 10, 2020
- ‘Whoa, whoa, whoa’: Neil Cavuto slammed after he cuts off Kayleigh McEnany presser - November 10, 2020
- Same media that cheered Stacey Abrams, Al Gore for refusing to concede attack Trump for same move - November 8, 2020