Dayton Daily News

Trump: ‘Absolute right’ to declare emergency

16 states sue Trump over national emergency move.

- By Catherine Lucey

President Donald Trump predicts he’ll prevail over the 16-state lawsuit challengin­g his U.S.Mexico border wall strategy.

President WASHINGTON —

Donald Trump declared Tuesday that he would prevail over a multistate lawsuit challengin­g his emergency declaratio­n to pay for a U.S.-Mexico border wall.

Speaking to reporters at the White House, Trump said he expected to do “very well,” against the suit, adding that he had an “absolute right” to make the declaratio­n.

“I think in the end we’re going to be very successful with the lawsuit,” Trump said. “I actually think we might do very well, even in the 9th Circuit, because it’s an open and closed case.”

A group of 16 states filed a lawsuit Monday against Trump’s emergency decla- ration. The lawsuit filed in the 9th U.S. Circuit Court of Appeals in San Francisco alleges Trump’s declaratio­n is unconstitu­tional.

Joining California in fil- ing the lawsuit are the attorneys general of Colorado, Co n nec t icut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Min- nesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia. All the states involved in the lawsuit have Democratic attorneys general.

California Attorney General Xavier Becerra said the suit alleges the Trump administra­tion’s action violates the Constituti­on.

“President Trump treats the rule of law with utter contempt,” Becerra said. “He knows there is no border crisis, he knows his emer- gency declaratio­n is unwarrante­d, and he admits that he will likely lose this case in court.”

Using a broad interpreta­tion of his executive powers, Trump declared an emer- gency last week to obtain wall funding beyond the $1.4 billion Congress approved for border security. The move allows the president to bypass Congress to use money from the Pentagon and other budgets.

Democrats have seized on the move as an exam- ple of executive overreach. The office of House Speaker Nancy Pelosi, D-Calif., issued a press release Tuesday that stated: “No one is above the law. Republican­s must join Democrats to uphold the Constituti­on and stand with the American people — against the President’s brazen assault.”

Trump argued Tuesday that the wall was needed to “stop drugs and crime and criminals and human traf- ficking.” He has repeatedly sought to paint a dire picture of conditions at the border, though illegal border cross- ings are down from a high of 1.6 million in 2000.

After weeks spent battling with Congress over border funding and what constitute­d a wall versus a fence, Trump said: “I can call it a barrier, but I think I don’t have to do that so much anymore, we’ll call it whatever we want.”

Trump’s use of the emer- gency declaratio­n has drawn bipartisan criticism and is expected to face numerous legal challenges. A top White House adviser said Sunday that Trump was prepared to issue his first veto if Congress votes to disapprove his declaratio­n of a national emergency.

Earlier Tuesday, Trump singled out California for its lead role in the suit, seek- ing to link the state’s highspeed rail project to his plan for the wall.

On Twitter, Trump claimed the “failed Fast Train proj- ect” was beset by “world record setting” cost overruns and had become “hun- dreds of times more expensive than the desperatel­y needed Wall!”

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