President Donald Trump said on Twitter Monday he has "no doubt" that he can declare an emergency when it comes to funding a border wall, but he'd rather get the deal done with Congress.
"Congressman Adam Smith, the new chairman of the House Armed Services Committee, just stated, 'Yes, there is a provision in law that says a president can declare an emergency. It’s been done a number of times,'" Trump tweeted. "No doubt, but let’s get our deal done in Congress!"
Smith, D-Wash., had actually made the comments on ABC's "This Week" on Sunday, but they were replayed Monday on Fox News "Fox & Friends" shortly before Trump tweeted.
Smith said, "Unfortunately," the answer would be "yes" that Trump can declare an emergency, under federal law.
"It's been done a number of times, but primarily it's been done to build facilities in Afghanistan and Iraq, and in this case, I think the president would be wide open to a court challenge, saying 'where's the emergency?'" said Smith.
"You have to establish that in order to do this. But beyond that, this would be a terrible use of Department of Defense dollars."
Trump on Sunday repeated his thoughts on declaring a national emergency as a way to circumvent Congress and pay to build a wall on the southern U.S. border, depending on what happens in ongoing talks to end a partial government shutdown now into its third week.
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