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Fox News’ Judge Napolitano: Trump Can’t Declare National Emergency to Get Wall

Fox News‘ Judge Andrew Napolitano came out hard earlier today, against President Donald Trump‘s claim that he may declare a national emergency to build the southern border wall.

“That’s not me saying no, because the Supreme Court said no when Harry Truman attempted to do that,” the judge said to Fox BusinessMaria Bartiromo earlier this morning, citing Truman’s attempts to seize steel mills and operate them against strikers’ wishes during the Korean War.

The President insisted Friday that he can “absolutely” declare a state of national emergency over the border wall, presumably under the 1976 National Emergencies Act. According to Napolitano, however, the President can’t do it on his own, without the funding and cooperation of Congress.

“The president has valid emergency authorities in a time of a true emergency,” he told Fox News‘ Martha MacCallum earlier tonight, “but he can’t spend money and he can’t take property unless the Congress is authorized it. That’s directly from the Constitution.”

Furthermore, Napolitano added, the act would not apply to Trump’s case, because there is a disagreement over whether an emergency is taking place.

“If that were not the case, then President Obama could have declared, ‘Listen, a national emergency, there isn’t enough health insurance around, we’re gonna start paying for it,'” he said.

Asked about former president Barack Obama successfully declaring states of national emergency in the past, Napolitano said it was doable because Obama was joined by the courts.

Trump has declared three national emergencies during his presidency so far. Obama declared a national state of emergency 13 times during his presidency. Former presidents Bill Clinton and George W. Bush did it 17 times and 12 times, respectively.

You can watch above, via Fox News.

[image via screengrab]

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