Judge Nap is pretty convinced Trump will lose court battle on emergency declaration, but is he right?

donald trump visits the wall
President Trump has the constitutional authority to declare a national emergency to protect US borders. (file photo)

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.”

brandon mendoza jamiel shaw kate steinle killed by illegal immigrants
Democrats oppose a wall, which could have prevented the murders of these Americans by illegals who snuck across our porous border.

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.

illegal immigration murder statistics

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.

Trump won’t allow ISIS bride to return: Jihadi had urged violence against Americans



Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!

Success! Thank you for donating. Please share BPR content to help combat the lies.
Samantha Chang


We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. If a comment is spam, instead of replying to it please click the ∨ icon below and to the right of that comment. Thank you for partnering with us to maintain fruitful conversation.


Scroll down for non-member comments or join our insider conversations by becoming a member. We'd love to have you!

Latest Articles