Monday on MSNBC’s “Hardball,” Rep. Ted Lieu (D-CA) said it would be “illegal” for President Donald Trump to declare a national emergency in order to have the military build a wall on the southern border.
Lieu said, “I served the military on active duty. I was a JAG. I studied this issue. It is my opinion that it would be illegal for the president to use military to go build a wall simply by declaring a national emergency, it would violate the Posse Comitatus Act. The military would be following an illegal order, subjecting them to be at risk of violating federal crime. This is a big deal. I hope the president doesn’t declare a national emergency to build a wall.”
He added, “Our framers were wise, created three branches of government. I am convinced the courts would stop the president if he declares a national emergency to build a wall. The framers of the Constitution gave Congress, specifically the House of Representatives, the power of the purse. The president can’t go around that power by making up a national emergency and appropriating funds Congress didn’t authorize. This national emergency is completely made up. If you look at the facts, violent crime is down across the United States, property crime is down, immigrants commit less crime, border crossings are down. The president will lose in court.”
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