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Republican senators skeptical of using national emergency for wall funding

Republican senators are keeping their distance from talk of declaring a national emergency to get funding for a U.S.-Mexico border wall, even as President TrumpDonald TrumpChinese apps could face subpoenas, bans under Biden executive order: report Kim says North Korea needs to be 'prepared' for 'confrontation' with US Ex-Colorado GOP chair accused of stealing more than 0K from pro-Trump PAC MORE has floated the possibility. 
 
Several GOP senators on Tuesday appeared skeptical about taking the controversial step, though they stressed they didn't know what Trump was planning. The senators added that they would prefer to resolve the border stalemate through legislation. 
 
 
"Whether that rises the the level of a national emergency. ...My understanding is that was used right after 9/11, I think, I think the president needs to tread lightly here and make sure that's warranted," she said. "That's a pretty big and bold statement to use the statute in that way."
 
She added that the "best scenario" would be for Trump and congressional lawmakers to get a deal "without declaring a national emergency." 
 
 
"Obviously it's been suggested and talked about, batted around, but I would prefer that we, again, get this resolved in the old fashion way which is two sides sit down at the table and work out a negotiated agreement," Thune told reporters. 
 
 
“There is a hard way and there is an easy way to do things, and I think that would definitely be a hard way," he said. 

Speculation about whether Trump will declare a national emergency to get wall funding reached a fever pitch on Tuesday as the president prepares to give a primetime address to discuss the partial government shutdown, which is currently in its 18th day. 
 
Trump has said he could declare a national emergency to get the funding, telling reporters late last week that he "may do it."
 
“We can call a national emergency because of the security of our country, absolutely. We can do it. I haven’t done it, I may do it. I may do it, but we can call a national emergency and build it quickly, it’s another way of doing it,” he said at a press conference

Trump previewed his remarks to a group of broadcast and cable-news anchors over a lunch of Caesar salad and chicken in the Roosevelt Room of the White House, but aides said he did not reveal any plans to take the controversial step of declaring a national emergency.

Lawmakers have questioned the legality of such a move. Republicans acknowledged Tuesday that while it would kick the issue, for now, to the courts instead of Congress, it would set the stage for a protracted legal challenge. 

Sen. James LankfordJames Paul LankfordSenate passes resolution condemning recent rise in antisemitic attacks Police reform negotiations enter crucial stretch GOP turns against Jan. 6 probe as midterm distraction MORE (R-Okla.) said declaring an emergency "slows down the process" of building the border wall because of other agencies that would need to get involved. 
 
"It'll [also] be tied up in the courts in the process. So it's better to be able to resolve it legislatively. That's nice and clean and simple," he said.
 
But Republicans were in the dark on Tuesday about if Trump would ultimately declare a national emergency or what he his endgame is for the current stalemate, which has closed roughly a quarter of the federal government. 

Sen. Richard ShelbyRichard Craig ShelbyOn The Money: Sanders: Democrats considering trillion spending package | Weekly jobless claims rise for first time since April Shelby signals GOP can accept Biden's .5T with more for defense Senate confirms Biden pick for No. 2 role at Interior MORE (R-Ala.), the chairman of the Senate Appropriations Committee, asked if he would support Trump declaring a national emergency demurred saying he wanted to wait to see Trump's speech. 

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"I think the president's got some power under the Constitution. I don't know if he's got this power or not," Shelby said. 

Sen. Lindsey GrahamLindsey Olin GrahamOVERNIGHT ENERGY:  EPA announces new clean air advisors after firing Trump appointees |  Senate confirms Biden pick for No. 2 role at Interior | Watchdog: Bureau of Land Management saw messaging failures, understaffing during pandemic Graham, Whitehouse: Global transition to renewables would help national security Hillicon Valley: Senate unanimously confirms Chris Inglis as first White House cyber czar | Scrutiny mounts on Microsoft's surveillance technology | Senators unveil bill to crack down on cyber criminals MORE (R-S.C.), a close ally of Trump's, said he had "no idea" what the president is planning. 

"I think that's the last resort," he said, asked if he thought an emergency declaration was a "good idea." "I think that only happens if we get stuck up here. That's not the preferred route."

Rebecca Kheel contributed.