Trump says he has ‘absolute right’ to declare emergency

Donald Trump

WASHINGTON (AP) — President Donald Trump declared Tuesday that he would prevail over a multistate lawsuit challenging his emergency declaration to pay for a U.S.-Mexico border wall.

Speaking to reporters at the White House, Trump said he expected to do “very well” against the suit, adding that he had an “absolute right” to make the declaration.

“I think in the end we’re going to be very successful with the lawsuit,” Trump said. “I actually think we might do very well, even in the 9th Circuit, because it’s an open and closed case.”

A group of 16 states, including California, New York and Colorado, filed a lawsuit Monday against Trump’s emergency declaration. The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges Trump’s declaration is unconstitutional.

All the states involved in the lawsuit have Democratic attorneys general.

Using a broad interpretation of his executive powers, Trump declared an emergency last week to obtain wall funding beyond the $1.4 billion Congress approved for border security. The move allows the president to bypass Congress to use money from the Pentagon and other budgets.

Trump’s use of the emergency declaration has drawn bipartisan criticism and is already facing a number of legal challenges. Another suit was filed Tuesday in the Northern District of California by the American Civil Liberties Union. Filed on behalf of the Sierra Club and the Southern Border Communities Coalition, it says there is no emergency to justify the president’s action and accuses Trump and other members of his administration of violating Constitutional limits on their authority.

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