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Page 266 of 496
No. 345
Filed FEBRUARY 15, 2019
Immigration & Civil Rights
First Term

Trump Declares National Emergency To Build Border Wall Hours After Signing Bill That Refused To Pay For It, Resolving Long-Standing Concern That Congress Still Controlled The Federal Checkbook

The Filing

WASHINGTON. President Donald Trump on Friday declared a national emergency at the southern border, freeing the executive branch to spend billions of dollars on a wall that Congress had, hours earlier, specifically declined to spend billions of dollars on.

The declaration arrived at the close of the longest government shutdown in American history, a 35-day standoff that ended only when lawmakers offered the President roughly $1.375 billion for border barriers, well short of the $5.7 billion he had demanded. Rather than accept the figure Congress had passed, the President signed the spending bill and then announced he would obtain the remainder by declaring that the situation Congress had just funded at a lower level was, in fact, an emergency.

Under the declaration, the administration moved to redirect roughly $8 billion from other accounts, including approximately $3.6 billion earmarked for military construction projects such as base housing, schools, and facilities for service members and their families. Officials explained that the money would be far better spent on the wall than on the buildings Congress had already approved it for.

Speaking in the Rose Garden, the President offered an unusually candid account of the emergency's urgency. "I didn't need to do this," he told reporters, "but I'd rather do it much faster." Sources within the administration confirmed that the emergency, while not strictly necessary, was nonetheless being handled with the full gravity of one that was.

When both chambers of Congress later passed a bipartisan resolution to terminate the emergency, the President issued the first veto of his presidency to keep it in place, thereby preserving the emergency against the objections of the only body constitutionally positioned to declare one funded. Federal courts would eventually rule the fund diversion unlawful, by which point much of the money had already been spent.

At press time, the President was reportedly combing the remaining federal budget for additional non-emergencies he could address on an emergency basis.

Sourced to the public record · presented without editorial embellishment
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