Becerra: State of California Will “Definitely and Imminently” File Lawsuit To Challenge Trump’s Border Wall Declaration

How To Register and Own Website Addresses (.com, .net, .org, etc) For Under $20/year. [REGISTER YOUR DOMAINS]
To comply with FTC regulations, all links on this site could lead to commissions paid to the publisher. Please see Advertising Disclosure in sidebar.

CALIFORNIA – California and a coalition of left-leaning states are expected to file a legal challenge to President Donald Trump’s national emergency declaration as soon as Monday.

California Attorney General Xavier Becerra told ABC News Sunday that the state had prepared to pursue legal action in advance of the president’s announcement, and shared plans to file a lawsuit “imminently.”

Colorado, Connecticut, Minnesota, Nevada, New Jersey, New Mexico, New York, and Oregon are expected to join California’s challenge.

The administration has taken steps to improve their prospects in court. White House officials have indicated that the government will focus primarily on border barrier projects in Texas, in an apparent bid to keep the ensuing legal challenges within the jurisdiction of the 5th U.S. Circuit Court of Appeals — a Trump friendly bench — or the Washington, D.C., federal courts, which are less forbidding for the president than the 9th U.S. Circuit Court of Appeals.

California may also struggle to prove it can bring legal action at this time. Funding for the border wall project is drawn from four sources: a $1.4 billion congressional appropriation, $600 million from the Treasury Department’s forfeiture fund, $2.5 billion from Defense Department counter-narcotics activities, and $3.6 billion from military construction projects to finance construction of the wall. Of those sources, only the $3.6 billion is accessed via the emergency declaration.



Big Tech is using NewsGuard to censor us severely reducing our revenue. You can support our mission of truthful reporting by making a contribution. Honest journalism is incredibly important to our democracy; we refuse to let Silicon Valley crush us into just another regurgitated, propaganda driven, echo-chamber of lamestream media and we need your support. You can also help by signing up for our featured story emails.
 

White House guidance on the emergency declaration indicates that the government will spend that money sequentially: That is to say, the government will exhaust the appropriation, the forfeiture assets, and the redirected counter-narcotics funds before expending the emergency funds. As South Texas College of Law Professor Josh Blackman has noted, potential plaintiffs like California might not have standing to challenge the declaration until those emergency funds are actually allocated.

As such, the administration could conceivably complete large stretches of wall before challenges to the project can be heard in court.

But Becerra dismissed such questions Sunday, expressing confidence that California’s lawsuit will proceed.

“We’re confident there are at least 8 billion ways that we can prove harm,” Becerra told ABC. He went on to speculate as to different ways the reallocation of Defense Department funds could harm the states, like cuts to drug interdiction efforts or disaster management.

The American Civil Liberties Union (ACLU) is also expected to file suit against the administration in the coming days. Like the California coalition, the ACLU does not believe the situation at the southern border rises to the level of a nation emergency.

Public Citizen, a Washington-based consumer group, filed the first lawsuit challenging the national emergency declaration on Friday night.

Trump has speculated that the Supreme Court will ultimately decide whether his declaration is lawful.

Follow Kevin on Twitter

Send tips to kevin@dailycallernewsfoundation.org

Comment via Facebook

Corrections: If you are aware of an inaccuracy or would like to report a correction, we would like to know about it. Please consider sending an email to corrections@publishedreporter.com and cite any sources if available. Thank you. (Policy)