As Congress Passes Spending Bill, Trump Plans National Emergency to Build Border Wall.



NY TIMES

President Trump will declare a national emergency as early as Friday to bypass Congress and build his long-promised wall along the nation’s southwestern border even as he agreed to sign a spending package that does not finance it, White House officials said Thursday.

The announcement came just minutes before voting began on the spending measure, which then cleared both houses, ending a two-month war of attrition that closed much of the federal government for 35 days and threatened a second shutdown on Friday. The Senate passed it 83 to 16, and the House followed later in the evening, 300 to 128.

But if he declares a national emergency to access billions of dollars for his wall, Mr. Trump could instigate a constitutional clash over who controls the federal purse and test the bounds of presidential authority in a time of divided government. Democrats and some Republicans instantly condemned the move, with some vowing to challenge it through legislation and lawsuits.

[Trump will declare a national emergency. What happens next?]

The president’s plan would combine money included in the spending package for fencing along the border with funds that he can divert from other programs using traditional presidential discretion on top of still other money he would tap by declaring an emergency.


Altogether, an administration official said, Mr. Trump would be able to dedicate about $8 billion for barriers, more than the $5.7 billion that Congress refused to give him.

“President Trump will sign the government funding bill, and as he has stated before, he will also take other executive action — including a national emergency — to ensure we stop the national security and humanitarian crisis at the border,” said Sarah Huckabee Sanders, the White House press secretary. “The president is once again delivering on his promise to build the wall, protect the border and secure our great country.”


Mr. Trump’s announcement capped hours of last-minute drama as he came under pressure on Thursday morning to not sign the spending legislation from conservative figures like Laura Ingraham, who denounced it on Twitter as a “monstrosity” and a “Total SCAM!”

A balky president was concerned that signing the measure could impose restraints on his ability to tap other funds and was urged by his chief of staff, Mick Mulvaney, to tell Republican leaders to instead pass a short-term bill to keep the government open while reopening negotiations, according to a Republican briefed on the situation.

Such a move would have unraveled the delicate bipartisan balance favored by Senator Mitch McConnell, Republican of Kentucky and the majority leader, who wanted to move beyond the wall fight. In a telephone conversation on Thursday, Mr. Trump asked Mr. McConnell whether the spending measure included any hidden provisions or “land mines,” and the senator reassured him it did not, according to a person familiar with the call.