FACT CHECK: Can The President Declare A National Emergency Over Border Wall?
The word has been floating around for some time now that President Donald Trump has considered declaring a national emergency in order to secure funding for the border wall.
But the question has been, can he actually do that or not?
President Trump told Fox News Friday, “We can call a national emergency because of the security of our country. … I may do it. I may do it. … If we can do it through a negotiated process, we’re giving it a shot,”
And on Monday, he shared on Twitter that he has received confirmation and support that he can do that very thing.
The President tweeted,
Congressman Adam Smith, the new Chairman of the House Armed Services Committee, just stated, “Yes, there is a provision in law that says a president can declare an emergency. It’s been done a number of times.” No doubt, but let’s get our deal done in Congress!
Congressman Adam Smith, the new Chairman of the House Armed Services Committee, just stated, “Yes, there is a provision in law that says a president can declare an emergency. It’s been done a number of times.” No doubt, but let’s get our deal done in Congress!
— Donald J. Trump (@realDonaldTrump) January 7, 2019
Adam Smith, who is a Democrat from Washington, made the following statement on ABC’s “This Week”,
“There is a provision in law that says the president can declare an emergency. It’s been done a number of times,” Smith said. “In this case, I think the president would be wide open to a court challenge saying, where is the emergency? You have to establish that in order to do this.”
And I believe that is exactly what President Trump is going to do. That’s why we receive the news today that he will be traveling to the border on Thursday. I think he is really building his case to declare a national emergency.
Sarah Sanders said the following Monday morning,
President @realDonaldTrump will travel to the Southern border on Thursday to meet with those on the frontlines of the national security and humanitarian crisis. More details will be announced soon.
The details may be mentioned in his prime-time address that is to air from the Oval Office Tuesday night.