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Dems ready aggressive response to Trump emergency order, as GOP splinters

House Democrats are vowing an aggressive response to President TrumpDonald TrumpTrump announces new tranche of endorsements DeSantis, Pence tied in 2024 Republican poll Lawmakers demand changes after National Guard troops at Capitol sickened from tainted food MORE's emergency declaration at the southern border, mulling ways to block his go-it-alone approach with legislation, legal action, or both.

Yet party leaders are in no immediate rush to show their hand, instead hoping to keep the focus on growing GOP divisions while pressuring more Republicans to oppose the president's unilateral power play.

Heading into the weeklong Presidents Day recess, the office of Speaker Nancy PelosiNancy PelosiLawmakers demand changes after National Guard troops at Capitol sickened from tainted food Andrew Yang condemns attacks against Asian Americans Congress in lockdown: Will we just 'get used to it'? MORE (D-Calif.) is distributing a spreadsheet to members logging a host of wide-ranging local projects potentially threatened by Trump’s effort to shift funds from military construction coffers to the border wall.

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The list — nearly 400 projects long — features a number of ventures in GOP districts. It includes maintenance facilities for F-35 stealth fighters at Eielson Air Force Base outside Fairbanks, Alaska; the operation of a middle school at Fort Campbell, Ky.; and funds to replace a training maze at Fort Bragg, N.C.

“We have to smoke out as many Republicans as possible by making the case that projects in their backyard are in jeopardy and will likely be raided to help pay for Trump’s ineffective and politically motivated wall,” said a senior Democratic aide.

Key congressional Republicans, meanwhile, don’t need any nudge from Democrats. They’re already tearing themselves apart over Trump’s declaration.

“Congress has granted the executive branch certain spending authorities. I strongly object to any president acting outside of those explicit authorities to spend money that Congress has not appropriated for specific initiatives,” said Rep. Greg WaldenGregory (Greg) Paul WaldenHere are the three GOP lawmakers who voted for the Equality Act Lobbying world Bottom line MORE, the House GOP’s former top campaigns chief and the only Republican in the Oregon delegation.

Centrist Rep. Tom ReedTom ReedDemocrats under pressure to deliver on labor's 'litmus test' bill Taylor Swift celebrates House passage of Equality Act Here are the three GOP lawmakers who voted for the Equality Act MORE (R-N.Y.), a leader of the bipartisan Problem Solvers Caucus, is also urging Trump to abandon his unilateral action.

“We recognize the president has the authority to declare a national emergency but believe this sets a bad precedent and lets Congress off the hook from doing its job,” Reed said. “We encourage the president to use other means to move around unused money to build off of the down payment on border security Congress is delivering with this funding bill.”

Across the Capitol, GOP criticism of Trump’s executive move was even more scathing.

Sen. Lamar AlexanderLamar AlexanderCongress addressed surprise medical bills, but the issue is not resolved Trump renominates Judy Shelton in last-ditch bid to reshape Fed Senate swears-in six new lawmakers as 117th Congress convenes MORE (R-Tenn.), a former member of leadership and senior appropriator, lambasted Trump’s emergency declaration as “unnecessary, unwise and inconsistent with the U.S. Constitution.”

Sen. Thom TillisThomas (Thom) Roland TillisMcConnell backs Garland for attorney general GOP senators demand probe into Cuomo's handling of nursing home deaths CNN anchor confronts GOP chairman over senator's vote to convict Trump MORE (R-N.C.), a member of the Judiciary and Armed Services committees, warned that Trump was setting a horrible precedent that the next Democratic president could use to ram through “left-wing” policies.

A President Bernie SandersBernie SandersMcConnell makes failed bid to adjourn Senate after hours-long delay Senate holds longest vote in history as Democrats scramble to save relief bill Democrats break COVID-19 impasse with deal on jobless benefits MORE, Tillis said, would declare a national emergency to implement the “radical Green New Deal,” while a President Cory BookerCory BookerIt's in America's best interest to lead global COVID-19 vaccine distribution ABC names new deputy political director, weekend White House correspondent NJ lawmakers ask Gannett to stop 'union-busting' efforts at 3 state newspapers MORE would declare an emergency on gun violence and end Second Amendment rights.

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Sen. Booker (D-N.J.) is running for president, while Sen. Sanders (I-Vt.) is expected by many to enter the race.

“It doesn’t matter who the President is or what party they belong to: I strongly believe in the separation of powers and curbing the kind of executive overreach that Congress has allowed to fester for the better part of the last century, including during the Obama Administration,” Tillis said in a statement.

Those GOP concerns aren’t necessarily unfounded. On Friday, Rep. Ilhan OmarIlhan OmarHouse approves George Floyd Justice in Policing Act House Democrats' ambitious agenda set to run into Senate blockade Omar introduces bill to sanction Saudi crown prince over Khashoggi killing MORE (D-Minn.), a progressive freshman rabble-rouser, tweeted that the next president “should declare a #NationalEmergency on day 1 to address the existential threat to all life on the planet posed by Climate Change.”

Rep. Earl BlumenauerEarl BlumenauerMomentum is growing towards investing in America's crumbling infrastructure Five things Biden should do to tackle the climate emergency Bipartisan bill to provide 0B in coronavirus relief for restaurants reintroduced MORE (D-Ore.) went a step further, announcing Friday that he’ll soon introduce a congressional emergency declaration on climate change. And Pelosi on Thursday warned Republicans that backing Trump’s unilateral action would haunt them, potentially liberating the next Democratic president to launch a similar gambit to restrict guns.

“I'm not advocating for any president doing an end-run around Congress,” she said. “I'm just saying that the Republicans should have some dismay about the door that they are opening.”

The bipartisan pushback arrived within hours after Trump, speaking from the White House Rose Garden, declared a national emergency at the U.S.-Mexico border. The president argued that waves of migrants streaming north from Central America pose a direct threat to national security, leaving him no choice but to sidestep Congress and direct $8 billion from other projects to build the wall he’d promised during his 2016 campaign.

“It’s a great thing to do because we have an invasion of drugs, invasion of gangs, invasion of people,” Trump said.

A day earlier, Congress had passed a sweeping federal spending bill, providing funds to roughly a quarter of the government — including the Department of Homeland Security (DHS) — and preventing another partial shutdown.

Trump agreed to sign the package, but only reluctantly, since Democrats had successfully blocked the $5.7 billion in border wall funds he’d requested within it. The emergency declaration, endorsed by Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell makes failed bid to adjourn Senate after hours-long delay Paul Ryan to host fundraiser for Cheney amid GOP tensions Senate Democrats near deal to reduce jobless boost to 0 MORE (R-Ky.), was the president’s way to claim victory in defeat. With it, Trump is asserting the power to fund the wall by transferring funds from other projects, under DHS and beyond, including some Congress had approved for the Defense Department.

Pelosi, along with Senate Minority Leader Charles SchumerChuck SchumerLawmakers demand changes after National Guard troops at Capitol sickened from tainted food Ron Johnson forces reading of 628-page Senate coronavirus relief bill on floor Senate panel splits along party lines on Becerra MORE (D-N.Y.), quickly issued a statement vowing to fight the maneuver using “every remedy available" — without naming specifics.

Democrats, however, won’t sit idle long in launching their formal response. Reps. Joaquin CastroJoaquin CastroState Department establishes chief officer in charge of diversity Texas governor faces criticism over handling of winter storm fallout DC bureau chief for The Intercept: Impeachment managers became 'like the dog who caught the car' when permitted to call witnesses MORE (D-Texas), the chairman of the Congressional Hispanic Caucus, and Alexandria Ocasio-CortezAlexandria Ocasio-CortezProgressives won't oppose bill over limits on stimulus checks Bipartisan bill would ban lawmakers from buying, selling stocks The Hill's Morning Report - Presented by Facebook - J&J vax rollout today; third woman accuses Cuomo MORE (D-N.Y.) are already drafting a resolution to block the declaration from taking effect. That proposal could arrive as early as next week, according to a second Democratic aide.

“We've got people flooding in to support this, which is great,” the aide said.

Among the early supporters is Rep. Steve CohenStephen (Steve) Ira CohenFeds looking at communications between lawmakers, Capitol rioters: report Missouri man indicted for allegedly threatening two congressmen Tim Ryan: Prosecutors reviewing video of Capitol tours given by lawmakers before riot MORE (D-Tenn.), chairman of the Judiciary Committee’s subpanel on the Constitution. It’s unclear, however, if Democrats will rally around the Castro resolution or another proposal, or if they’ll move it through committees or bring it straight to the floor.

Passage by the House would create an enormous headache for McConnell. Although the Kentucky Republican said he supports Trump’s declaration, the National Emergencies Act requires that such a resolution is deemed privileged, guaranteeing a vote on the Senate floor, and highlighting GOP divisions with Trump.

Democrats are also eyeing a legal challenge to Trump’s declaration, with House Majority Leader Steny HoyerSteny Hamilton HoyerHouse Democrats introduce bill providing citizenship to Dreamers On The Money: Democrats deals to bolster support for relief bill | Biden tries to keep Democrats together | Retailers fear a return of the mask wars Here's who Biden is now considering for budget chief MORE (D-Md.) predicting this week that Democrats “would test it in the courts.”

Democrats could file such a suit themselves, or piggyback onto other legal challenges sure to come from states, landowners and other stakeholders affected by new wall construction. California, for instance, announced Friday that it will file such a suit. And others are eager to join.

“This affects everyone in Congress, affects governors,” New Mexico Gov. Michelle Lujan GrishamMichelle Lynn Lujan GrishamMore states follow California's lead on vehicle emissions standards New Mexico fines two megachurches K each over packed Christmas Eve services CHC urges Biden to choose Latinos to head Education Department, SBA: report MORE (D) said Thursday in an interview with MSNBC. “And we will join whatever legal action and related efforts to make sure that we keep the executive branch in check.”