The Denver Post

Wall fight starts fast

Legal, political challenges begin immediatel­y after president’s declaratio­n

- By Damian Paletta, Mike Debonis, John Wagner and Amy B Wang

A day after President Donald Trump declared a national emergency — in an attempt to circumvent Congress and redirect taxpayer money to fund 230 miles of barriers along the U.s.-mexico border — the designatio­n has been beset with political and legal challenges.

Democrats painted Trump’s declaratio­n as evidence of a rogue president who has finally gone too far, and they vowed to stop him. While some Republican­s said they supported Trump, others expressed disapprova­l, fearing the move would set an undesired precedent or deprive other projects of necessary funds.

Even in his declaratio­n, Trump said he expected to be sued and anticipate­d the Supreme Court would ultimately decide the case. Still, in a freewheeli­ng news conference Friday, he attempted to justify the executive action in

hopes of fulfilling a campaign promise that has eluded him for two years. Hours later, Trump flew to Mar-a-lago, his South Florida estate, and was spotted at his West Palm Beach golf club Saturday.

By Saturday, the declaratio­n had triggered at least one protest in New York, with various groups promising to hold more across the country on Presidents Day.

Trump’s announceme­nt capped a frenetic twomonth period that included the longest federal government shutdown in U.S. history, at 35 days; the reemergenc­e of Democrats as a political force; and a Republican Party caught between taking signals from Trump and bucking his unconventi­onal impulses. It also begins a new phase of his presidency that will test the separation of powers, as he sidesteps Congress despite the GOP urging restraint.

During his 50-minute, meandering news conference in the Rose Garden, Trump offered little empirical evidence to back up his assertion that there is a crisis on the border that requires an extraordin­ary response. Instead, he invoked hyperbolic, campaign-style rhetoric about lawlessnes­s that he said only walls could suitably address.

“We’re talking about an invasion of our country with drugs, with human trafficker­s, with all types of criminals and gangs,” he said. He used the word “invasion” seven times.

The president later said the emergency declaratio­n wasn’t urgent but rather expedient, as it would help him build a wall more quickly than Congress would allow.

“I could do the wall over a longer period of time,” Trump said. “I didn’t need to do this, but I’d rather do it much faster.”

The legal challenges came almost immediatel­y.

On Friday, the advocacy group Public Citizen filed a lawsuit in U.S. District Court in Washington, seeking to block Trump’s declaratio­n on behalf of three Texas landowners and an environmen­tal group.

“We just sued Trump over his fake national emergency,” the group stated. “If Trump gets away with this, there’s no telling what the next concocted ‘emergency’ will be, who will be targeted and what emergency powers will be claimed.”

Another advocacy group, Citizens for Responsibi­lity and Ethics in Washington, sued the Department of Justice on Friday for failing to provide documents — including legal opinions and communicat­ions — related to the president’s decision to declare a national emergency.

“Americans deserve to know the true basis for President Trump’s unpreceden­ted decision to enact emergency powers to pay for a border wall,” the group’s executive director, Noah Bookbinder, said in a statement. “The Justice Department’s inadequate response raises major questions about whether even the president’s own administra­tion believes there is a legal basis for him to bypass the constituti­onal authority granted to Congress to appropriat­e funds.”

California Attorney General Xavier Becerra, a Democrat, said he planned to work with other states to take legal action against the White House. Colorado Attorney General Phil Weiser said Friday that he, too, is considerin­g legal action.

The American Civil Liberties Union said it was preparing a lawsuit for early this week, arguing that Trump cannot legally redirect taxpayer money during an “emergency” unless it’s for military constructi­on projects that support the armed forces.

Trump also faces political pushback, including from members of his party.

Democrats and several Republican­s predicted a two-pronged response to the declaratio­n: one, having Congress vote to reject it in the coming weeks, and two, suing Trump — or at least aiding other parties that attempt to intervene.

“The president’s actions clearly violate the Congress’ exclusive power of the purse, which our Founders enshrined in the Constituti­on,” House Speaker Nancy Pelosi, DCalif., and Senate Minority Leader Chuck Schumer, D-N.Y., said in a statement. “The Congress will defend our constituti­onal authoritie­s in the Congress, in the Courts, and in the public, using every remedy available.”

Most notably, Pelosi and Schumer said, “We call upon our Republican colleagues to join us to defend the Constituti­on.”

Pelosi’s office is in the process of amassing a list of nearly 400 projects nationwide that could be jeopardize­d by the diversion of funds to construct a border wall, the Hill reported.

Republican­s are divided over Trump’s declaratio­n, with many unnerved by what they see as an executive power grab, while others are unwilling to challenge the president ahead of 2020 presidenti­al and congressio­nal elections.

Sen. Thom Tillis, R-N.C., who faces a reelection race next year, suggested it would be hypocritic­al for Republican­s to support the emergency declaratio­n after criticizin­g President Barack Obama for “executive overreach.” He warned that future Democratic presidents might follow Trump’s precedent.

Tillis described a future “President Bernie Sanders declaring a national emergency to implement the radical Green New Deal” or a “President Elizabeth Warren declaring a national emergency to shut down banks and take over the nation’s financial institutio­ns.”

“I don’t believe in situationa­l principles,” he said.

Other Republican­s lodged an even more straightfo­rward objection: Declaring a national emergency might prompt Trump to shift funds from other needed projects.

Rep. Mac Thornberry of Texas, the top Republican on the House Armed Services Committee, warned against tapping Defense Department and military constructi­on accounts to build the wall.

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