The Record (Troy, NY)

Trump declares national emergency to get $8B for wall

- By Alan Fram, Catherine Lucey and Zeke Miller Associated Press

WASHINGTON (AP) >> Defiant in the face of a stinging budget defeat, President Donald Trump declared a national emergency Friday to get more federal dollars for his long-promised wall at the U.S.-Mexico border, relying on a broad interpreta­tion of his powers that was certain to trigger stiff legal challenges.

Bypassing Congress, which approved far less money for his proposed wall than he had sought, Trump said he will use executive action to siphon billions of dollars from federal military constructi­on and counterdru­g efforts for the wall. The move drew immediate bipartisan criticism on Capitol Hill and is expected to face rounds of legal challenges.

Trump made the announceme­nt from the Rose Garden, as he claimed illegal immigratio­n was “an invasion of our country.”

In a comment that will surely be used to challenge the legal underpinni­ngs of his emergency declaratio­n, Trump hinted at the political realities behind his action. “I could do the wall over a longer period of time,” he said. “I didn’t need to do this, but I’d rather do it much faster.”

Trump’s move followed a rare show of bipartisan­ship when lawmakers voted Thursday to fund large swaths of the government and avoid a repeat of this winter’s debilitati­ng five-week government shutdown. Trump’s insistence on wall funding has been a flashpoint in his negotiatio­ns with Congress for more than two years, as has the

resistance of lawmakers in both parties to meeting the president’s request. West Wing aides acknowledg­ed there was insufficie­nt support among Republican­s to sustain another shutdown fight, leading Trump to decide to test the limits of his presidenti­al powers.

The money in the bill for border barriers, about $1.4 billion, is far below the $5.7 billion Trump insisted he needed and would finance just a quarter of the more than 200 miles he wanted this year.

To bridge the gap, Trump announced that he will be spending roughly $8 billion on border barriers — combining the money approved by Congress with funding he plans to repurpose through executive actions, including the national emergency.

Despite widespread opposition in Congress to proclaimin­g an emergency, including by some Republican­s, Trumpwas responding to pressure to act unilateral­ly to soothe his conservati­ve base and avoid appearing like he’s lost his nerve on his defining promise to voters. Trump advisers on the campaign and inside the White House insist that, fulfilled or not, the promise of a wall is a winning issue for Trump as he heads into his re-election campaign as long as he doesn’t appear to be throwing in the towel.

Word that Trump would declare the emergency prompted condemnati­ons from Democrats and threats of lawsuits from states and others who might lose federal money or said Trump was abusing his authority.

In a sing-songy tone of voice, Trump described how

the decision will be challenged and work its way through the courts, including up to the U.S. Supreme Court.

He said, “Sadly, we’ll be sued and sadly it will go through a process and happily we’ll win, I think.”

House Speaker Nancy Pelosi, D- Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., called it an “unlawful declaratio­n over a crisis that does not exist” and said it “does great violence to our Constituti­on and makes America less safe, stealing from urgently needed defense funds for the security of our military and our nation. “

“The President’s actions clearly violate the Congress’s exclusive power of the purse, which our Founders enshrined in the Constituti­on,” they said in a joint statement. “The Congress will defend our constituti­onal authoritie­s in the Con-

gress, in the Courts, and in the public, using every remedy available.”

Democratic state attorneys general also said they’d consider legal action to block Trump.

Even if his emergency declaratio­n withstands scrutiny, Trump is still billions of dollars short of the overall funding needed to build the wall as he promised in 2016. After two years of effort, Trump has not added any new border mileage; all of the constructi­on so far has gone to replacing and repairing existing structures. Ground is expected to be broken in South Texas soon on the first new mileage.

Trump’s vision for the wall already has been substantia­lly scaled down since his campaign for the White House, when it was to be built of concrete and span the length of the 1,900-mile border and be paid for by Mexico. Now, he’s looking

to build “steel slats” along about half of the 1,900-mile stretch, relying on natural barriers for the rest. Previous administra­tions constructe­d over 650 miles of barriers.

The White House said Trump would not try to redirect federal disaster aid to the wall, a proposal they had considered but rejected over fears of a political blowback.

Some Republican­s warn that future Democratic presidents could use his precedent to force spending on their own priorities, like gun control. GOP critics included Maine Sen. Susan Collins, who said emergency declaratio­ns are for “major natural disasters or catastroph­ic events” and said its use

would be of “dubious constituti­onality.”

Trump argued that his immediate three predecesso­rs had made emergency declaratio­ns, though the presidents he cited did not use emergency powers to pay for projects that Congress wouldn’t support.

Congressio­nal aides say there is $21 billion for military constructi­on that Trump could tap, but by law it must be used to support U.S. armed forces. The Defense Department declined to provide details on available money.

The declaratio­n caps a tumultuous two months of negotiatin­g and political warfare in the nation’s capital, with consequenc­es likely to

last through next year’s campaign.

Trump sparked a shutdown before Christmas after Democrats snubbed his $5.7 billion demand for the wall. The closure denied paychecks to 800,000 federal workers, hurt contractor­s and people reliant on government services and was loathed by the public.

With polls showing the public blamed him and GOP lawmakers, Trump folded on Jan. 25 without getting any of the wall funds. His capitulati­on was a political fiasco for Republican­s and handed Pelosi a victory less than a month after Democrats took over the House and confronted Trump with a formidable rival for power.

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President Donald Trump

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