San Francisco Chronicle

Phony emergency, true threat

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President Trump’s declaratio­n of a national emergency at the southern border Friday claimed another casualty in his war on the law and language. Under every accepted definition and precedent, his socalled emergency is not one.

Rather, it’s a brazen attempt to violate the Constituti­on’s basic restraints on presidenti­al power to compensate for the limitation­s of his policies and politics. Having diminished the already weak support for his border wall with the longest government shutdown on record, Trump vowed to use emergency and other powers to redirect more than $6 billion to the project.

That’s nearly five times what Congress eventually approved for additional border fencing this week in the bill Trump reluctantl­y signed. Even as the president thereby dropped the threat of another pointless shutdown, his emergency declaratio­n leveled a direct assault on Congress’ spending authority. House Speaker Nancy Pelosi and others rightly promised to oppose the maneuver, which drew criticism from several Republican senators. Unfortunat­ely, Senate Majority Leader Mitch McConnell, House Minority and ready The other to National accommodat­e Leader Republican­s Emergencie­s Kevin Trump. were McCarthy all Act too allows challenge Pelosi’s the declaratio­n House Democrats and trigger to a mandatory Senate vote. It would be a rare case in which McConnell could not block a floor vote, forcing his Senate Republican­s to say yea or nay to a directive that pits their fear of Trump against their avowed constituti­onalism. A majority vote against the emergency could be vetoed by Trump, however, and an override would require many more Republican defections.

The emergency declaratio­n has fiscal as well as constituti­onal implicatio­ns. While the administra­tion appears to have abandoned the controvers­ial prospect of redirectin­g funds for flood control in California and other places, it’s now eyeing money for an array of military constructi­on projects that are sure to have their backers in Congress.

The declaratio­n is also bound to be disputed in court, with Gov. Gavin Newsom and California Attorney General Xavier Becerra among the eager plaintiffs.

Every invocation of the National Emergencie­s Act since it became law has targeted hostile foreign government­s or groups or responded to clear domestic crises such as the 2009 flu pandemic and the 9/11 terrorist attacks. Trump’s own extensive deliberati­ons over whether to declare this emergency offer one indication that it’s disingenuo­us. Trump even acknowledg­ed that he “didn’t need to do this.”

The border “invasion” Trump proposes to stop with his emergent wall simply isn’t occurring. Illegal crossings have fallen to about a fourth of their peak during George W. Bush’s administra­tion, and there’s no evidence of Trump’s claims that more fortificat­ion will substantia­lly thwart drug smuggling, human traffickin­g, crime or terrorism. Despite the president’s harping on the threat of those surreptiti­ously crossing unsecured stretches of the border, the recent uptick in immigratio­n from Mexico has consisted mainly of Central American families seeking asylum under U.S. and internatio­nal law.

With the nation recognizin­g a holiday set aside for its greatest presidents, Trump’s fake emergency evokes tin-pot autocracy and marks another low for his presidency.

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