Chris Wallace Sternly Fact Checks Stephen Miller On Border 'Crisis'

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Almost $1.4 billion was allocated for border fencing under a spending measure approved by Congress last week, and Trump's emergency declaration is aimed at giving him another $6.7 billion for the wall.

He acknowledged that he might lose in the lower courts but was hopeful that his policy would be upheld by the Supreme Court, a process his administration went through previous year over its travel ban targeting people from several Muslim-majority countries.

"Can you point to a single incident, even one, where the president asked Congress for money, Congress refused to give him that money, and the president then invoked national emergency powers to get the money?" asked Wallace.

"Basically, the president is trying to take away the power of the purse from the legislative branch". Only $1.375 billion of that was approved by Congress in its latest spending bill compromise. "This is more serious because it's a constitutional question".

Even as he claimed the emergency declaration was necessary to thwart what he claimed are drugs and criminals pouring into the USA across the southern border, he simultaneously admitted, "I didn't need to do this. It will not be a separation of power anymore - it will be a separation of parties".

The first lawsuits against the national emergency declaration were filed Friday in federal court in Washington, DC. That's why you see so many Republicans saying don't do this.

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"Another group-Protect Democracy-said Thursday that it had prepared a lawsuit on behalf of El Paso County, Texas, and the Border Network for Human Rights, to challenge Trump". Several Republican senators are already indicating they would vote against Trump - though there do not yet appear to be enough votes to override a veto by the president.

Since one of the purposes of Congress is to keep the president in check, Trump not getting his way isn't unusual.

President Donald Trump declared a national emergency along the southern border and predicted his administration would end up defending it all the way to the Supreme Court.

Anyone directly affected by the order can challenge it in court, which Ms Elizabeth Goitein - co-director of the Brennan Centre for Justice's Liberty and National Security Programme - said will nearly certainly happen in this case.

West Virginia's Republican delegation should also remember their appropriate outrage when President Obama's EPA abused its executive power to try to shut down the coal industry.

Border Patrol agent Vincent Pirro looks on near a border wall that separates the cities of Tijuana, Mexico, and San Diego, Feb. 5, 2019, in San Diego.

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On CNN, Senator Sherrod Brown of OH, a potential Democratic candidate for president in 2020, put it another way, referring to a familiar Trump promise from the campaign trail last time out. The governor announced that he was removing the majority of the roughly 360 state troops at the U.S. -Mexico border, while leaving 100 of the personnel who are working to fight drug crime.

Wallace turned to Miller: "How does that justify a national emergency?"

Beyond the challenge to Mr Trump's authority to declare an emergency, lawsuits also are expected to focus on the military construction project law that allows the re-allocation of money in a national emergency.

"I would say it's better for the middle school kids in Kentucky to have a secure border", Graham said.

On a more serious note, Becerra said that the California court challenge would use Trump's own remarks to undermine his declaration and would argue that he has created an artificial emergency that does not meet historic standards of such declarations.

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