Hewitt: Trump could win legal challenge over emergency declaration

Hewitt: Trump could win legal challenge over emergency declaration
© UPI Photo

Conservative radio host Hugh Hewitt said Friday that the Trump administration could win possible legal challenges brought against it over President TrumpDonald John TrumpTrump rips Dems' demands, impeachment talk: 'Witch Hunt continues!' Nevada Senate passes bill that would give Electoral College votes to winner of national popular vote The Hill's Morning Report - Pelosi remains firm despite new impeachment push MORE's decision to declare a national emergency to build a border wall.

“I do believe if the lawsuit is brought even to the 5th Circuit, the president might win at the appeals level. He’ll certainly have a good shot of winning at the Supreme Court,” Hewitt said Friday on CNBC.

ADVERTISEMENT

“There’s a whole bunch, a whole host of precedents [Trump] can cite, the question is whether or not he’s going to find a friendly five-person or greater majority at the Supreme Court," he continued, predicting that a lawsuit would reach the high court "fairly quickly."

Trump declared a national emergency on Friday, appropriating $8 billion to build his long-desired border wall. The president also signed a bipartisan spending deal to keep the government open. The bill allocates $1.375 billion to adding barriers to another 55 miles of the border.

Trump predicted Friday that the declaration would likely be challenged in court.

“We will possibly get a bad ruling, and then we'll get another bad ruling and then we'll end up in the Supreme Court,” where Trump claimed the White House would win.

“I didn't need to do this, but I'd rather do it much faster,” he added, referring to constructing barriers on the border

Liberal advocacy group Public Citizen on Friday filed the first lawsuit seeking to block Trump’s national emergency declaration.

California Gov. Gavin Newsom (D) also said Friday he plans to sue the White House over the declaration. 

“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. “Our message back to the White House is simple and clear: California will see you in court.”