House Armed Services Committee Chairman Rep. Adam Smith, D-Washington, said President Donald Trump does have the authority to call a national emergency over national security, but is “wide open” to a court challenge.
“There is a provision in law that says the president can declare an emergency. It’s been done a number of times but primarily it’s been done to build facilities in Afghanistan and Iraq and in this case, I think the president would be wide open to a court challenge, saying 'where’s the emergency?'" Smith told George Stephanopoulos on “This Week” on Sunday "You have to establish that in order to do this. But beyond that, this would be a terrible use of Department of Defense dollars."
The president said Friday he is considering declaring a national emergency to help pay for his long-desired border wall along the U.S.-Mexico border. He did not elaborate on the details of such a process.
This was not the first time the president has suggested using the military to build the wall, nor was it the first time he has suggested the situation amounts to a national emergency.
from ABC News: Politics https://abcn.ws/2GWyUZp
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