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Pelosi refuses to accept amendments to Trump's emergency powers that would grant the president a 'pass' to border wall construction
Republicans in the Senate tend to be in distress over the threat from President Trump to declare a national emergency to realize his unquenchable dream of a massive, beautiful wall on the southern border. Republicans are reportedly worried that such a move would split them, and in private conversations, Senate Majority Leader Mitch McConnell (R-Ky.) sent Trump that notice.
Republicans have every excuse to be intensely anxious. Here's why: According to one of the country's top national emergency experts, House Speaker Nancy Pelosi (D-Calif.) appears to be It could cause a process that could force Trump to hold a vote on such a declaration by the GOP-controlled Senate, which would place Senate Republicans in an awful political position.
In an interview with CBS News that aired over the weekend, Trump repeated his pledge to declare a national emergency. "I'm not taking anything off the table," Trump said, adding that he still maintains the "alternative" for "global emergency" in a traditionally mangled construction.
But Pelosi resorts to such a declaration — and if she follows it, Republicans in the Senate will have to vote where they stand on it.
Trump has the authority to declare such an emergency under the Post-Watergate National Emergencies Act, which also allows him to specify the other particular legislation that delegates emergency powers that he invokes. Trump is required to rely on one of the laws that allow military officials to divert funds for reasons that are either "important to national security" or endorse "use of the armed forces" in a presidentially declared emergency.
The Post reports that acting White House chief of staff Mick Mulvaney has privately told Trump that a national emergency is “viable,” and officials at the military Corps of Engineers are checking out ways to create the wall. this is able to be challenged within the courts, which might need to decide whether the statute Trump invoked actually does authorize this sort of paying.
But Pelosi features a far more immediate thanks to challenging Trump’s declaration. Under the National Emergencies Act or NEA, both chambers of Congress can pass a resolution terminating any presidentially declared national emergency.
What Pelosi can do
Elizabeth Goitein, who has researched this subject extensively for the Brennan Center for Justice, tells me that if Pelosi exercises this feature, it'll ultimately require the Senate to vote thereon in some form also. The NEA stipulates that if one chamber (Pelosi’s House) passes such a resolution, which it easily could do, the opposite (McConnell’s Senate) must act thereon within a really short period of time — forcing GOP senators to settle on whether to support it.
Alternatively, Goitein notes, the Senate could vote to not consider that resolution or change its rules to avoid such a vote. But in those scenarios, the Senate would, in effect, be voting to greenlight Trump’s emergency declaration.
The NEA lays out a timetable for this process, and by Goitein’s reading, it might all happen within the protracted period of barely longer than a month. “In short, there might be 36 days between introduction of the resolution within the House and a vote on the Senate floor,” Goitein told me, “but that vote would need to happen,” and once it did, a method or the opposite, it might put senators “on record.”
A Democratic leadership aide tells me the House might choose this move if Trump takes the plunge. “The House will vigorously challenge any declaration that seeks an end-run around Congress’s power of the purse,” the aide says.
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