CNN's Jeffrey Toobin thinks Trump can fund the wall by declaring a national emergency. Fox News' Andrew Napolitano is skeptical.
As President Trump looks set to declare a national emergency in an attempt to fund his proposed border wall, the question on everyone's mind is: Can he get away with that? Two legal experts from Fox News and CNN have some opinions on the matter — and they're the opposite of what you might expect from each network.
First up is Fox News' Andrew Napolitano, who argued both on-air and in an op-ed that Trump's attempt to get around Congress to fund the wall by diverting funds set aside for other purposes won't fly.
"The Supreme Court has made it very clear, even in times of emergency, the president of the United States of America cannot spend money unless it has been authorized by the Congress," Napolitano said. He compared the situation to President Harry Truman trying to seize steel mills without the authorization of Congress in 1952, which the Supreme Court ruled he lacked the authority to do. Napolitano suggested Trump won't even go through with this and that it's just a "bargaining technique," adding, "This 'declaring an emergency and spending money however I want' is not going to happen."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
But over on CNN, legal analyst Jeffrey Toobin argued Trump diverting money toward the wall after declaring a national emergency is "probably" legal, or at least "unlikely to be stopped by the court," per HuffPost. He had two main reasons, one being that the president's emergency powers are fairly broad. But the other is that he doesn't see the courts finding a plaintiff who'd have standing to sue over it "at any early point in the process." Therefore, even though Toobin made clear both on air and in a New Yorker op-ed that Trump shouldn't circumvent Congress in this way, he said that "at least in the short-term, I think that if President Trump wanted to do this, the courts would let him." Brendan Morrow
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brendan worked as a culture writer at The Week from 2018 to 2023, covering the entertainment industry, including film reviews, television recaps, awards season, the box office, major movie franchises and Hollywood gossip. He has written about film and television for outlets including Bloody Disgusting, Showbiz Cheat Sheet, Heavy and The Celebrity Cafe.
-
'Voters know Biden and Trump all too well'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Is the Gaza war tearing US university campuses apart?
Today's Big Question Protests at Columbia University, other institutions, pit free speech against student safety
By Joel Mathis, The Week US Published
-
DOJ settles with Nassar victims for $138M
Speed Read The settlement includes 139 sexual abuse victims of the former USA Gymnastics doctor
By Justin Klawans, The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published
-
Mark Menzies: Tories investigate MP after 'bad people' cash claims
Speed Read Fylde MP will sit as an independent while party looks into allegations he misused campaign funds on medical expenses and blackmail pay-out
By Arion McNicoll, The Week UK Published
-
Why Johnson won't just pass Ukraine aid
Speed Read The House Speaker could have sent $60 billion in military aid to Ukraine — but it would have split his caucus
By Peter Weber, The Week US Published
-
Sudan on brink of collapse after a year of war
Speed Read 18 million people face famine as the country continues its bloody downward spiral
By Peter Weber, The Week US Published
-
Trump's first criminal trial starts with jury picks
Speed Read The former president faces charges related to hush money payments made to adult film star Stormy Daniels
By Peter Weber, The Week US Published