California to sue Trump over border wall emergency declaration

California Gov. Gavin Newsom (D) on Friday announced plans to sue President TrumpDonald John TrumpTrump's newest Russia adviser, Andrew Peek, leaves post: report Hawley expects McConnell's final impeachment resolution to give White House defense ability to motion to dismiss Trump rips New York City sea wall: 'Costly, foolish' and 'environmentally unfriendly idea' MORE for declaring a national emergency to access funds for a southern border wall.

“President Trump is manufacturing a crisis and declaring a made-up ‘national emergency’ in order to seize power and subvert the constitution,” Newsom said in a statement hours after the president’s declaration. “Our message back to the White House is simple and clear: California will see you in court.”

ADVERTISEMENT

California Attorney General Xavier BecerraXavier BecerraOvernight Energy: Appeals court tosses kids' climate suit | California sues Trump over fracking | Oversight finds EPA appointees slow-walked ethics obligations California sues Trump administration over fracking Hillicon Valley: DHS warns of Iranian cyber threats | YouTube updates child content policy | California privacy law takes effect | Tech, cyber issues to watch in 2020 MORE said at a news conference that Trump does not have the power to "act frivolously" to redirect federal funding away from where it has been appropriated by Congress, which has "power to direct dollars, the power of the purse."

"This is not 9/11," he said. "This is not the Iran hostage crisis of 1979. This is a president showing his disdain for the rule of law and the U.S. constitution." 

Trump declared a national emergency to bypass Congress and spend roughly $8 billion on barriers along the southern border.

He is also expected to sign legislation that was approved by Congress to fund the government, which will prevent another government shutdown.

However, the legislation did not include the $5.7 billion Trump had demanded for the border wall.

Becerra said there was one thing Trump got right when he announced his declaration during a news conference in the Rose Garden at the White House. 

"President Trump got one thing right this morning about his declaration when he said he didn’t have to do this. He’s right," Becerra said. "In fact, he can’t do this." 

Trump's concession that he "didn't have to do this" was quickly seized upon by his critics to argue an emergency does not exist along the U.S.-Mexico border.

Newsom said it was "ironic and interesting" that Trump was focused on the U.S.-Mexico border instead of directing federal funding to "real disasters" such as the devastating wildfires that tore through California last year. 

Becerra said the state was reviewing the declaration closely and would likely file a lawsuit with other states.