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

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.