Trump is pushing a national emergency even as the Justice Department is 'nearly certain' it will be blocked: report

Trump is pushing a national emergency even as the Justice Department is 'nearly certain' it will be blocked: report
Official White House Photo by Joyce N. Boghosian

On Thursday, Senate Majority Leader Mitch McConnell (R-KY) announced that in order to soften the blow of having to sign a compromise border security deal, President Donald Trump will declare a state of emergency and try to end-run Congress to build his border wall.

But according to ABC News, his order will get off to a rocky start:

The Justice Department has warned the White House a national emergency declaration is nearly certain to be blocked by the courts on, at least, a temporary basis, preventing the immediate implementation of the president's plan to circumvent Congress and build the wall using his executives powers, ABC News has learned.

However, a senior White House official tells ABC News that the administration is confident it could ultimately win the case on appeal.

It is unclear whether there is any real reason to suspect that the White House will win its case on appeal, however, as longstanding court precedent has limited the ways in which presidents can declare and use national emergencies. Moreover, there may be ways that House Democrats can block an emergency declaration without the courts.

The details of Trump's planned national emergency have not yet been released. However, CNN previously reported that the White House has been working on a draft executive order, which would empower Trump to direct the Army Corps of Engineers to seize land at the southern border and construct a wall using funds diverted from the Treasury, the Pentagon, and the Department of Homeland Security.

Enjoy this piece?

… then let us make a small request. AlterNet’s journalists work tirelessly to counter the traditional corporate media narrative. We’re here seven days a week, 365 days a year. And we’re proud to say that we’ve been bringing you the real, unfiltered news for 20 years—longer than any other progressive news site on the Internet.

It’s through the generosity of our supporters that we’re able to share with you all the underreported news you need to know. Independent journalism is increasingly imperiled; ads alone can’t pay our bills. AlterNet counts on readers like you to support our coverage. Did you enjoy content from David Cay Johnston, Common Dreams, Raw Story and Robert Reich? Opinion from Salon and Jim Hightower? Analysis by The Conversation? Then join the hundreds of readers who have supported AlterNet this year.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure AlterNet remains independent long into the future. Support progressive journalism with a one-time contribution to AlterNet, or click here to become a subscriber. Thank you. Click here to donate by check.

alternet logo

Tough Times

Demand honest news. Help support AlterNet and our mission to keep you informed during this crisis.