President Trump “is eager to invoke a national emergency to bypass an unwilling Congress and build a border wall, according to two people familiar with his thinking, a dramatic move that would test the limits of presidential power,” Bloomberg reports.
“Whether he exercises emergency powers depends on whether his lawyers conclude it’s a legally defensible move. And that may hinge on the interpretation of an obscure legal provision allowing the Defense Department to shift military construction funds during a crisis.”
“Some White House insiders believe Trump may act even if the move is sure to face a legal challenge — raising the stakes in a partial federal government shutdown that is stretching into its 18th day.”
Lawfare looks at the legal justification for invoking emergency powers.
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