Trump issues national emergency declaration over border
President Trump -- dissatisfied with the funding Congress is providing him for barriers at the southern border -- has signed a bill to fund the government and a national emergency declaration to free up more funds to build his border wall.
"I could do the wall over a longer period of time. I didn't need to do this, but I'd rather do it much faster," the president said of his emergency declaration in a Rose Garden address Friday morning. "And I don't have to do it for the election, I've already done a lot of wall for the election, 2020."
The president's decision to declare a national emergency is already facing intense criticism from some Republicans, and groups like the American Civil Liberties Union (ACLU) say they're suing. House Speaker Nancy Pelosi didn't rule out a legal challenge on Thursday. Mr. Trump predicted he will be sued but will ultimately prevail in the Supreme Court.
Here is where the president expects to get roughly $8 billion in funding for his wall:
- $1.375 billion from Congress' legislation
- $601 million from the Treasury Department's forfeiture fund
- Up to $2.5 billion from the Defense Department's counter-drug activities
- Up to $3.6 billion diverted from Pentagon military construction funds
ACLU to sue Trump administration over national emergency
The American Civil Liberties Union (ACLU) announced Friday afternoon that it will sue the Trump administration over the president's national emergency declaration.
"By the president's very own admission in the Rose Garden, there is no national emergency. He just grew impatient and frustrated with Congress, and decided to move along his promise for a border wall 'faster,'" said ACLU Executive Director Anthony Romero.
"This is a patently illegal power grab that hurts American communities and flouts the checks and balances that are hallmarks of our democracy. We will be filing a lawsuit early next week. As the country's premier defender of civil liberties and civil rights, the ACLU will always fight to ensure a robust system of checks and balances on the power of the executive, which is critical to safeguarding our democracy and defending rights."
The ACLU said it plans to argue Trump's use of emergency powers to evade Congress is unprecedented, and the power Mr. Trump is citing can't be used for a border wall.
Sarah Sanders says Trump has signed the spending bill
White House press secretary Sarah Sanders told reporters Friday afternoon that the president has signed the spending bill.
White House releases Trump's emergency declaration
At 2 p.m., the White House released the text of the emergency declaration the president signed. Here is the text:
DECLARING A NATIONAL EMERGENCY CONCERNING THE SOUTHERN BORDER OF THE UNITED STATES - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION
The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. The southern border is a major entry point for criminals, gang members, and illicit narcotics. The problem of large-scale unlawful migration through the southern border is long-standing, and despite the executive branch's exercise of existing statutory authorities, the situation has worsened in certain respects in recent years. In particular, recent years have seen sharp increases in the number of family units entering and seeking entry to the United States and an inability to provide detention space for many of these aliens while their removal proceedings are pending. If not detained, such aliens are often released into the country and are often difficult to remove from the United States because they fail to appear for hearings, do not comply with orders of removal, or are otherwise difficult to locate. In response to the directive in my April 4, 2018, memorandum and subsequent requests for support by the Secretary of Homeland Security, the Department of Defense has provided support and resources to the Department of Homeland Security at the southern border. Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis.
NOW, THEREFORE, I, DONALD J. TRUMP, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.), hereby declare that a national emergency exists at the southern border of the United States, and that section 12302 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretaries of the military departments concerned, subject to the direction of the Secretary of Defense in the case of the Secretaries of the Army, Navy, and Air Force. To provide additional authority to the Department of Defense to support the Federal Government's response to the emergency at the southern border, I hereby declare that this emergency requires use of the Armed Forces and, in accordance with section 301 of the National Emergencies Act (50 U.S.C. 1631), that the construction authority provided in section 2808 of title 10, United States Code, is invoked and made available, according to its terms, to the Secretary of Defense and, at the discretion of the Secretary of Defense, to the Secretaries of the military departments. I hereby direct as follows: Section 1. The Secretary of Defense, or the Secretary of each relevant military department, as appropriate and consistent with applicable law, shall order as many units or members of the Ready Reserve to active duty as the Secretary concerned, in the Secretary's discretion, determines to be appropriate to assist and support the activities of the Secretary of Homeland Security at the southern border. Sec. 2. The Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, and, subject to the discretion of the Secretary of Defense, the Secretaries of the military departments, shall take all appropriate actions, consistent with applicable law, to use or support the use of the authorities herein invoked, including, if necessary, the transfer and acceptance of jurisdiction over border lands. Sec. 3. This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of February, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.
DONALD J. TRUMP
Sarah Sanders tweets photo of Trump signing emergency declaration
White House press secretary Sarah Sanders tweeted a photo of Mr. Trump signing the emergency declaration. The photo was posted during Mr. Trump's Rose Garden announcement, clarifying that the president indeed signed the declaration before the event.
Trump talks about conservatives who have influenced his thinking
Mr. Trump, asked by a journalist the extent to which conservatives have influenced his thinking, mentioned far-right personalities Sean Hannity and Rush Limbaugh.
The president said he hasn't spoken with pundit Ann Coulter in at least a year.
Trump calls CNN's Jim Acosta "fake news"
As CNN's Jim Acosta -- whose press pass was suspended temporarily last year -- asked a question, the president declared CNN to be "fake news."
"Your question is a very political one, because you have an agenda. You are CNN. You are fake news," Mr. Trump said.
Trump says he wants to solve the national debt with "growth"
Mr. Trump, asked if he plans to address the debt, said he wants to do so with "growth." He then riffed on former President Barack Obama for how much he added to the national debt.
The national debt just surpassed $22 trillion for the first time in history this week.
But the military, the president insisted, is more important now.
Trump says he did go through Congress
Confronted with his criticism of President Obama for using executive actions on immigration, Mr. Trump said he did go through Congress. But the deal Congress presented him wasn't good enough, he said.
Trump takes questions
Mr. Trump then opened up the Rose Garden event for questions, starting with questions.
Trump says he's "expecting" to be sued
Mr. Trump said he has already signed the order, but will sign final papers soon. And then, he said, his administration will be sued, and it will go to the 9th Circuit Court of Appeals. Then he predicted an eventual win for his administration in the Supreme Court.
"We'll end up in the Supreme Court and hopefully get a fair shake and win in the Supreme Court just like the ban," Mr. Trump said, speaking about his travel ban.
Trump explains why he didn't succeed in getting border wall funding before
The president said he was a "little new" to the job of president and some people in Congress didn't step up. Later, he was asked whether he meant former Speaker of the House Paul Ryan specifically. Mr. Trump said he didn't want to get into it.
Trump says declaring a national emergency is a "great thing to do"
The president said he's going to be signing and "registering" a national emergency, adding it's a "great thing to do."
"We want to stop drugs from coming into our country. We want to stop criminals and gangs from coming into our country," the president insisted as the rationale for declaring a national emergency.
Trump: I'm going to be signing a national emergency
"I'm going to be signing a national emergency," Mr. Trump announced in the Rose Garden before talking about children who have been killed by people who came into the U.S. illegally.
"So, I'm going to be signing a national emergency and it's been signed many times before," Mr. Trump said. "It's been signed by other presidents from 1977 or so it gave the president's the power. There's rarely been a problem. They sign it. Nobody cares. I guess they weren't very exciting. But nobody cares. They sign it for far less important things in some cases, in many cases."
Trump says he's announcing several actions on the border
Mr. Trump began to speak about his purpose for the Rose Garden event -- announcing his executive actions at the border.
"We have tremendous amounts of drugs flowing into our country, much of it coming from the southern border," the president said.
Walls work "100 percent," the president declared.
"I look forward to seeing Chairman Kim," Trump says
The president then went on to discuss his upcoming summit with North Korean leader Kim Jong Un in Vietnam. The summit is set for Feb. 27 and 28.
Mr. Trump said North Korea has a "great chance for tremendous economic prosperity" in the future.
Trump says success over ISIS caliphate to be announced within 24 hours
Mr. Trump then went on to say he expects an announcement within 24 hours on the defeat of the ISIS caliphate in Syria.
Mr. Trump previously said he expected to make that announcement soon.
Trump touts international trade
After addressing China, the president went on to say he thinks trade with Europe will increase.
Trump takes the podium
The president emerged from the Oval Office and took the podium at 10:39 a.m.
The president began by talking about trade talks with China, saying they're going well but not guaranteeing any agreement. The president said the U.S. is losing too much money to China over trade.
"We're gonna be leveling the playing field," he said.
Trump scheduled to speak shortly
Mr. Trump's announcement is scheduled to begin shortly, although such major events with short notice are frequently delayed.
Some conservatives balk at Trump's handling of border situation
Conservative pundit Ann Coulter eviscerated the president and some of his followers on Twitter after the White House announced he would declare a national emergency.
Coulter has criticized the president in the past for failing to build the wall at the southern border.
"The goal is to get Trump's stupidest voters to say 'HE'S FIGHTING!' No he's not. If he signs this bill, it's over," she tweeted.
Pelosi considers handling of national emergency
Before news of the president's national emergency declaration Friday morning, House Democrats were considering their response. House Judiciary Committee Chairman Jerry Nadler, Democrat of New York, suggested to CBS News that the most likely path is a resolution to terminate the emergency under the National Emergencies Act.
This measure, a resolution of disapproval, would be expected to pass a Democratically-controlled House, and then under the law, it would automatically be considered in the Senate within 18 days. Nadler said that he's hoping "the Senate will do their duty to defend the Constitution against an incredible unconstitutional power grab."
But House Speaker Nancy Pelosi has not committed to this path. She insisted all day Thursday that Democrats would review all their options before deciding how to proceed.
--Rebecca Kaplan
Trump expected to speak in less than an hour
Mr. Trump is expected to take the podium in the White House Rose Garden in less than an hour, and White House staffers have set up chairs for reporters.
It's unclear whether Mr. Trump will take questions.
Some Republicans are speaking out
A handful of Republicans are already expressing their disappointment in Mr. Trump's decision to declare a national emergency, suggesting doing so is constitutionally questionable.
"Declaring a national emergency for this purpose would be a mistake on the part of the president," Sen. Susan Collins of Maine said, adding that a declaration undermines Congress.
"It is also of dubious constitutionality," she said.
Sen. Marco Rubio of Florida also spoke out against the president's decision.
"We have a crisis at our southern border, but no crisis justifies violating the Constitution," Rubio said. "Today's national emergency is border security. But a future president may use this exact same tactic to impose the Green New Deal. I will wait to see what statutory or constitutional power the president relies on to justify such a declaration before making any definitive statement. But I am skeptical it will be something I can support."
Rep. Justin Amash of Michigan called it an "embarrassing" day for conservatism.
"What a bad (frankly, embarrassing) day for constitutional and fiscal conservatism," Amash tweeted. "The Senate confirms Bill Barr as attorney general, congressional leaders conspire to advance a $333 billion wasteful spending bill, and @POTUS plans to declare an emergency for a non-emergency."
Trump to announce $8 billion for the wall
CBS News chief Washington correspondent Major Garrett reports the president will announce he's getting $8 billion for the border wall.
Of that funding, $1.375 billion will come from the appropriations bill Mr. Trump expects to sign.
The rest comes from executive actions -- $600 million is expected to come from the Treasury Department's drug forfeiture funds, $2.5 billion will come from the Defense Department's drug interdiction program, and an additional $3.5 billion will come from the Pentagon's military construction budget, a senior administration official told Garrett.