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

House Democrats are vowing an aggressive response to President TrumpDonald John TrumpUS reimposes UN sanctions on Iran amid increasing tensions Jeff Flake: Republicans 'should hold the same position' on SCOTUS vacancy as 2016 Trump supporters chant 'Fill that seat' at North Carolina rally 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 PelosiSunday shows preview: Justice Ginsburg dies, sparking partisan battle over vacancy before election Trump is betting big on the suburbs, but his strategy is failing 'bigly' Trump orders flags at half-staff to honor 'trailblazer' Ginsburg 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 WaldenTrump order on drug prices faces long road to finish line Ignore the misinformation: The FDA will ensure the safety of any COVID-19 vaccine Hillicon Valley: Trump backs potential Microsoft, TikTok deal, sets September deadline | House Republicans request classified TikTok briefing | Facebook labels manipulated Pelosi video MORE, the House GOP’s former top campaigns chief and the only Republican in the Oregon delegation.

Centrist Rep. Tom ReedThomas (Tom) W. ReedCentrist House group offers bipartisan COVID-19 relief deal House approves two child care bills aimed at pandemic Diabetes Caucus co-chairs say telehealth expansion to continue beyond pandemic 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 AlexanderAndrew (Lamar) Lamar AlexanderToobin: McConnell engaging in 'greatest act of hypocrisy in American political history' with Ginsburg replacement vote Chamber of Commerce endorses McSally for reelection Trump health officials grilled over reports of politics in COVID-19 response 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 TillisTrump supporters chant 'Fill that seat' at North Carolina rally Momentum growing among Republicans for Supreme Court vote before Election Day Vulnerable GOP incumbents embrace filling Supreme Court seat this year 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 SandersNYT editorial board remembers Ginsburg: She 'will forever have two legacies' Two GOP governors urge Republicans to hold off on Supreme Court nominee Sanders knocks McConnell: He's going against Ginsburg's 'dying wishes' MORE, Tillis said, would declare a national emergency to implement the “radical Green New Deal,” while a President Cory BookerCory Anthony BookerBipartisan praise pours in after Ginsburg's death DHS opens probe into allegations at Georgia ICE facility Democratic lawmakers call for an investigation into allegations of medical neglect at Georgia ICE facility 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 OmarDemocrats scramble on COVID-19 relief amid division, Trump surprise Larry Kudlow defends response to coronavirus: Trump 'led wisely' The Hill's Morning Report - Sponsored by National Industries for the Blind - Woodward book revelations rock Washington 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 BlumenauerAhead of a coronavirus vaccine, Mexico's drug pricing to have far-reaching impacts on Americans Trump threatens to double down on Portland in other major cities Federal agents deployed to Portland did not have training in riot control: NYT 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 McConnellMomentum growing among Republicans for Supreme Court vote before Election Day Trump expects to nominate woman to replace Ginsburg next week Video of Lindsey Graham arguing against nominating a Supreme Court justice in an election year goes viral 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 SchumerVideo of Lindsey Graham arguing against nominating a Supreme Court justice in an election year goes viral Graham signals support for confirming a Supreme Court nominee this year Pelosi orders Capitol flags at half-staff to honor Ginsburg 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 CastroHispanic Caucus members embark on 'virtual bus tour' with Biden campaign Hispanic caucus report takes stock of accomplishments with eye toward 2021 Democratic lawmakers call for an investigation into allegations of medical neglect at Georgia ICE facility MORE (D-Texas), the chairman of the Congressional Hispanic Caucus, and Alexandria Ocasio-CortezAlexandria Ocasio-CortezLawmakers fear voter backlash over failure to reach COVID-19 relief deal Why Democrats must confront extreme left wing incitement to violence The Hill Interview: Jerry Brown on climate disasters, COVID-19 and Biden's 'Rooseveltian moment' 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 CohenTennessee Rep. Steve Cohen wins Democratic primary Democrats exit briefing saying they fear elections under foreign threat Texas Democrat proposes legislation requiring masks in federal facilities 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 postpone vote on marijuana decriminalization bill Democrats scramble on COVID-19 relief amid division, Trump surprise The Hill's Morning Report - Sponsored by The Air Line Pilots Association - Pence lauds Harris as 'experienced debater'; Trump, Biden diverge over debate prep 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 GrishamBiden pick creates furor, underscoring bitterness over Obama immigration policy Buttigieg, former officials added to Biden's transition team No documents? Hoping for legalization? Be wary of Joe Biden 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.”