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Democrats Could Sue Trump If He Declares a National Emergency Over the Wall

House Majority Leader Steny H. Hoyer said recently that if President Trump actually declared a national emergency to build his border wall, a lawsuit could be possible.

Hoyer reiterated that Democrats oppose the wall proposal and have no interest in other forms of barriers along the U.S.-Mexico border, though they do support security technology like drones and increased personnel.

With the federal government now partially shutdown for 18 days, will Trump follow through on threats to declare a national emergency? He has threatened to do as much.

Democrats and Republicans remain at an impasse, and neither side appears likely to reopen the government. Trump delivered an address from the Oval Office Tuesday to insist on $5.7 billion in funding for a border wall. The most Democrats have offered is re-upping the $1.3 billion provided in fencing from the fiscal budget in 2018 to the current budget.

“We don’t think that’s the American way”

Hoyer also appears to see a possible declaration of a national emergency as an authoritarian move, should the President attempt to follow through.

“It is analogous to governments that we have seen all over the world declaring martial law, and justifying them in doing whatever they wanted to do to whomever they wanted to do it, whenever they wanted to do it,” Hoyer said, according to The Hill.

“We don’t think that’s the American way; we don’t think that’s the constitutional way,” Hoyer added.

But if it’s the federal government’s job to provide national security, including border security, what is President Trump supposed to do?

An Associated Press fact check of Trump’s speech and the rebuttal by Democratic leaders Rep. Nancy Pelosi and Sen. Chuck Schumer noted on Wednesday that Democrats are causing the government shutdown every bit as much as the president is: “AP FACT CHECK: Democrats put the blame for the shutdown on Trump. But it takes two to tango. Trump’s demand for $5.7 billion for his border wall is one reason for the budget impasse. The Democrats refusal to approve the money is another.”

Will President Trump end up declaring a national emergency to get his wall? Will democrats sue if he does?

Who knows, but the Democrats can at least stop pretending they are not part of the problem.