Tonight the question, will he or won't he? The president doubling down on his threat to go around Congress and declare a national emergency. I have the absolute right to do national emergency if I want. My threshold will be if I can't make a deal with people that are unreasonable. So what is a national emergency? Passed in 1976, the national emergencies act gives presidents the broad authority to take action in a crisis and to redirect money already approved by Congress. It was used after 9/11 and during the spread of swine flu in 2009. But can president Trump issue one to build the border wall? Experts say maybe. Can the president declare a national emergency absolutely?
Might that be challenged in court? Probably. Who will prevail? That's a very difficult question. Democrats are already threatening a legal challenge and even some Republicans warning Mr. Trump against it. That would be your last option not you first. You may have the authority to do that but I'm hopeful that the normal process of negotiating through the appropriations, bills will get us to where we need to go. Experts tonight tell NBC News the president could cite a law allowing military construction projects. Not otherwise authorized by law that are necessary to support such use of the Armed Forces. After that contentious meeting with Democrats the vice president said Mr. Trump is still looking at declaring a national emergency and so were White House lawyers.
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