Senate rejects border declaration in major rebuke of Trump

The Senate voted on Thursday to nix President TrumpDonald John TrumpWatergate prosecutor says that Sondland testimony was 'tipping point' for Trump In private moment with Trump, Justice Kennedy pushed for Kavanaugh Supreme Court nomination: book Obama: 'Everybody needs to chill out' about differences between 2020 candidates MORE’s national emergency declaration to construct the U.S.-Mexico border wall, setting up the first veto battle with his White House.

Senators voted 59-41 to pass the resolution of disapproval blocking Trump’s declaration. Underscoring the broad base of concern over Trump’s actions within the Republican caucus, 12 GOP senators broke rank and voted with all the Democrats.

The measure passed the House last month, 245-182.

The resolution now heads to Trump’s desk, where he is expected to use the first veto of his presidency to defeat it. Neither chamber has the votes to override the president, who tweeted shortly after the vote was closed:

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Trump made an eleventh hour plea to Republican senators, reiterating his pledge to veto the resolution and signaling he could be open to future changes to his emergency powers, and even accusing Republicans who voted "yes" of standing with House Speaker Nancy PelosiNancy PelosiOvernight Defense — Presented by Boeing — Deal on defense bill proves elusive | Hill, Holmes offer damaging testimony | Trump vows to block Navy from ousting officer from SEALs On The Money: Trump signs short-term spending bill to avoid shutdown | Pelosi casts doubt on USMCA deal in 2019 | California high court strikes down law targeting Trump tax returns Wasserman Schultz makes bid for House Appropriations Committee gavel MORE (D-Calif.).

“Prominent legal scholars agree that our actions to address the National Emergency at the Southern Border and to protect the American people are both CONSTITUTIONAL and EXPRESSLY authorized by Congress....” Trump said in a string of tweets.

But that argument failed to squash the momentum behind the resolution, which garnered support from various factions of the GOP caucus, including moderates, members of leadership and libertarian-leaning senators. 

Sen. John CornynJohn CornynTrump steps up GOP charm offensive as impeachment looms 2020 hopes rise for gun control groups after Virginia elections Tensions rise in Senate's legislative 'graveyard' MORE (R-Texas), who supported Trump in the vote, argued that the president should view the fight as a victory, because his veto will ultimately be sustained. 

"The House is going to sustain his veto, so I think he ought to accept that as a win," Cornyn said asked about the potential fallout between the president and GOP senators. 

But the vote marks a significant setback for Trump, who has made his pledge to build the wall a focal point of his presidency. And it’s the second rebuke for Trump in as many days after the Senate broke with him on support for Saudi Arabia on Wednesday.

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Republicans have been wary of breaking with Trump on border security but raised significant concerns about separation of powers questions sparked by his emergency declaration. GOP supporters of the resolution, such as Maine Sen. Susan CollinsSusan Margaret CollinsTrump steps up GOP charm offensive as impeachment looms Romney calls lunch with Trump 'delightful' Trump lunches with two of his biggest Senate GOP critics MORE, cast their vote not as a rebuke of Trump’s border wall but instead over a constitutional question about Congress’s role in funding the government.

“That is why this issue is not about strengthening our border security, a goal that I support and have voted to advance. ... It is a solemn occasion involving whether or not this body will stand up for its institutional prerogatives and will support the separation of powers enshrined in our Constitution,” Collins said. “We must stand up and defend Congress’s institutional powers as the Framers intended that we would. Even when doing so is inconvenient or goes against the outcome that we might prefer.”

Collins said separately that while she had talked to White House staff, she had not spoken directly to Trump about her vote. She added that she expected he would not "be happy" but that she was "letting the chips fall." 

"But I'm a United States senator and I feel my job is to stand up for the Constitution." 

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderCrunch time for Congress on surprise medical bills Overnight Health Care: GOP senator says drug price action unlikely this year | House panel weighs ban on flavored e-cigs | New York sues Juul Overnight Energy: Mark Ruffalo pushes Congress on 'forever chemicals' | Lawmakers spar over actor's testimony | House Dems unveil renewable energy tax plan | Funding for conservation program passes Senate hurdle MORE (R-Tenn.), who is retiring at the end of the current Congress, argued that a vote against the emergency declaration was a “check on the executive [that] is a crucial source of our freedom.”

In addition to Alexander and Collins, GOP Sens. Mike LeeMichael (Mike) Shumway LeeTrump steps up GOP charm offensive as impeachment looms Senate approves stopgap bill to prevent shutdown GOP divided over impeachment trial strategy MORE (Utah), Lisa MurkowskiLisa Ann MurkowskiKey Republicans say Biden can break Washington gridlock Impeachment hearings don't move needle with Senate GOP Hillicon Valley: Federal inquiry opened into Google health data deal | Facebook reports millions of post takedowns | Microsoft shakes up privacy debate | Disney plus tops 10M sign-ups in first day MORE (Alaska), Roy BluntRoy Dean BluntMichelle Obama presents Lin-Manuel Miranda with National Portrait Award GOP divided over impeachment trial strategy Overnight Health Care: Cigarette smoking rates at new low | Spread of vaping illness slowing | Dems in Congress push to block Trump abortion rule MORE (Mo.), Rand PaulRandal (Rand) Howard PaulTrump steps up GOP charm offensive as impeachment looms Trump lunches with two of his biggest Senate GOP critics Senate approves stopgap bill to prevent shutdown MORE (Ky.), Pat ToomeyPatrick (Pat) Joseph ToomeyNSA improperly collected US phone records in October, new documents show Overnight Defense: Pick for South Korean envoy splits with Trump on nuclear threat | McCain blasts move to suspend Korean military exercises | White House defends Trump salute of North Korean general WH backpedals on Trump's 'due process' remark on guns MORE (Pa.), Rob PortmanRobert (Rob) Jones PortmanTrump lunches with two of his biggest Senate GOP critics Budget process quick fixes: Fixing the wrong problem Why Republicans are afraid to call a key witness in the impeachment inquiry MORE (Ohio), Jerry MoranGerald (Jerry) MoranSenate Democrats unveil priorities for federal privacy bill Microsoft embraces California law, shaking up privacy debate It's time for Congress to establish a national mental health crisis number MORE (Kan.), Marco RubioMarco Antonio RubioHouse Democrat asks USDA to halt payouts to Brazilian meatpacker under federal probe Supreme Court weighs lawsuit pitting climate scientist against skeptics Senate passes legislation supporting Hong Kong protesters MORE (Fla.), Roger WickerRoger Frederick WickerHillicon Valley: Google to limit political ad targeting | Senators scrutinize self-driving car safety | Trump to 'look at' Apple tariff exemption | Progressive lawmakers call for surveillance reforms | House panel advances telecom bills Senators grill safety regulator over self-driving cars Senate Democrats unveil priorities for federal privacy bill MORE (Miss.) and Mitt RomneyWillard (Mitt) Mitt RomneyTrump steps up GOP charm offensive as impeachment looms Romney calls lunch with Trump 'delightful' Trump lunches with two of his biggest Senate GOP critics MORE (Utah) voted for the resolution blocking Trump’s emergency declaration.

"I don't think everything is measured in this building based upon how they think it reflects on the White House," Romney told reporters shortly before the vote. 

There were some last-minute surprises. Sen. Thom TillisThomas (Thom) Roland TillisSenate approves stopgap bill to prevent shutdown Feehery: Pivoting to infrastructure could help heal post-impeachment wounds Progressive group to spend as much as M to turn out young voters MORE (R-N.C.), who had said he would vote for the resolution blocking Trump, announced moments before the vote started that he was changing his mind. 

“We have to recognize that we have a crisis at the border, 76,000 people crossing illegally in February alone. We have narcotics flooding our country, poisoning our children and adults of all ages,” he said from the Senate floor. 

Sen. Cory GardnerCory Scott Gardner2020 hopes rise for gun control groups after Virginia elections Feehery: Pivoting to infrastructure could help heal post-impeachment wounds Tariffs threaten 1.5M jobs: Study MORE (R-Colo.), a top 2020 target for Democrats, supported Trump, while Blunt, a member of GOP leadership, did not. 

Republicans went down to the wire as they scrambled to find an off ramp to the showdown with Trump, who remains popular with the party’s base.

Several last-minute attempts — ranging from an alternative GOP proposal to killing the resolution of disapproval in exchange for future checks on emergency powers — fell flat. Though Alexander and Sen. Ted CruzRafael (Ted) Edward CruzSenate approves stopgap bill to prevent shutdown DNC raises million in October in best monthly haul of the year Supreme Court weighs lawsuit pitting climate scientist against skeptics MORE (R-Texas) were still shopping their alternative proposal a day before the vote, leadership locked in a deal to avoid amendments, ensuring the House-passed bill would be what the Senate voted on.

Sen. John KennedyJohn Neely KennedyMORE (R-La.), emerging from a closed-door lunch Wednesday, signaled that Republicans were running out of options, telling reporters, “Everybody knows how they’re going to vote. I don’t think the president’s going to win this one.”

But underscoring the level of concern among Republicans, a group of GOP senators, including Sen. Lindsey GrahamLindsey Olin GrahamFBI official under investigation for allegedly altering document in Russia probe: report Trump steps up GOP charm offensive as impeachment looms Graham requests State Department documents on Bidens, Ukraine MORE (S.C.), went to the White House on Wednesday night and tried to pitch Trump, unsuccessfully, on an escape hatch that would let them avoid handing him an embarrassing defeat over the border wall.

Graham told reporters that when Trump asked him if his veto would be sustained, "I said yeah overwhelmingly." 

"I said, 'let's sit down, look at this one point of money see if we can find a way forward in October,' but he feels like his commitment to build the wall was moving forward," Graham said. 

Republicans were crucially able to keep the number of "yes" votes below 67, the number needed to override a veto. Though a challenge to Trump’s veto is expected to die in the House, having roughly 20 GOP senators break with the president would have set up an embarrassing setback that would spark new questions about his hold on the caucus.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOvernight Defense — Presented by Boeing — Deal on defense bill proves elusive | Hill, Holmes offer damaging testimony | Trump vows to block Navy from ousting officer from SEALs Trump steps up GOP charm offensive as impeachment looms Congressional authority in a time of Trump executive overreach MORE (R-Ky.) has made no secret of the fact that Trump’s emergency declaration has sparked fierce, lengthy discussions within the caucus. But he urged his caucus to support Trump, arguing that there was a “border security and humanitarian crisis on the southern border.”

“It’s no secret I take the Senate as an institution extremely seriously. I take the separation of powers extremely seriously. And I take Congress’s prerogative over appropriations extremely seriously. But — as I argued yesterday in the context of the Yemen resolution — the Senate should not be in the business of misusing specific resolutions to express opinions on more general matters,” McConnell said.

Sen. Tom CottonThomas (Tom) Bryant CottonHillicon Valley: Senators ask Trump to halt Huawei licenses | Warren criticizes Zuckerberg over secret dinner with Trump | Senior DHS cyber official to leave | Dems offer bill on Libra oversight Senators urge Trump to suspend Huawei license approvals Lawmakers spar over surveillance flight treaty with Russia MORE (R-Ark.), a close ally of Trump’s, also knocked Democrats for their “howls of outrage” against the White House.

“We have reached a moment of crisis, but it’s not a constitutional crisis. It’s a crisis at the border, a crisis of American sovereignty. When hundreds of thousands of foreigners arrive at the southern border and demand entry, that’s not migration. That's an emergency,” he said.

But Trump’s allies were unable to sway enough Republicans. Only four GOP "yes" votes were needed with all 47 Democrats voting for the resolution. Democrats, speaking from the floor ahead of the vote, characterized it as one of the most consequential they have taken and urged GOP senators to buck Trump.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerTrump signs short-term spending bill to avert shutdown Senators urge Trump to suspend Huawei license approvals Tensions rise in Senate's legislative 'graveyard' MORE (D-N.Y.) said Thursday's vote could be “more difficult” for Republicans given Trump’s penchant for “threatening, bullying or publicly castigating members of his own party.”

“But I would say to them, I would say to every Republican: There are times when loyalty to America, to our Constitution, to our principles, to what has made this country great should lead members to rise above, rise to the occasion,” he said. “I hope, I pray this moment is one of those times.”

—Updated at 3:20 p.m.