Senate again votes to end Trump emergency declaration on border wall

The Senate again voted on Wednesday to end President TrumpDonald John TrumpCampaigns face attack ad dilemma amid coronavirus crisis Outgoing inspector general says Trump fired him for carrying out his 'legal obligations' Trump hits Illinois governor after criticism: 'I hear him complaining all the time' MORE’s emergency declaration on the U.S.-Mexico border wall, paving the way for a veto showdown with the White House.

Senators voted 54-41 on a resolution to end the declaration, which Trump used to shift billions of dollars from the military toward wall construction.

Under the National Emergencies Act, a resolution ending the declaration needed only a simple majority to clear the Senate, making it likely to be approved. But underscoring the broad swath of concern about Trump’s actions among the Senate GOP caucus, 11 Republican senators voted to nix the declaration.

GOP Sens. Lamar AlexanderAndrew (Lamar) Lamar AlexanderSticking points force stimulus package talks to spill into Sunday GOP drafting stimulus package without deal with Democrats Senate coronavirus stimulus talks spill into Saturday MORE (Tenn.), Roy BluntRoy Dean BluntGOP senators begin informal talks on new coronavirus stimulus Five things being discussed for a new coronavirus relief bill Hillicon Valley: Apple rolls out coronavirus screening app, website | Pompeo urged to crack down on coronavirus misinformation from China | Senators push FTC on price gouging | Instacart workers threaten strike MORE (Mo.), Susan CollinsSusan Margaret CollinsCampaigns face attack ad dilemma amid coronavirus crisis GOP senators begin informal talks on new coronavirus stimulus GOP presses for swift Ratcliffe confirmation to intel post MORE (Maine), Mike LeeMichael (Mike) Shumway LeeJustice IG pours fuel on looming fight over FISA court Senator Tom Coburn's government oversight legacy Trump on Romney's negative coronavirus test: 'I am so happy I can barely speak' MORE (Utah), Jerry MoranGerald (Jerry) MoranRand Paul's coronavirus diagnosis sends shockwaves through Senate Sinema criticizes Paul for alleged behavior ahead of coronavirus test results: 'Absolutely irresponsible' Hillicon Valley: Facebook, Twitter dismantle Russian interference campaign targeting African Americans | YouTube to allow ads on coronavirus videos | Trump signs law banning federal funds for Huawei equipment MORE (Kan.), Lisa MurkowskiLisa Ann MurkowskiOil giants meet at White House amid talk of buying strategic reserves GOP senators begin informal talks on new coronavirus stimulus Murkowski pushes Mnuchin for oil company loans MORE (Alaska), Rand PaulRandal (Rand) Howard PaulGeorgia governor says he didn't know asymptomatic people could spread coronavirus McConnell: Impeachment distracted government from coronavirus threat Warren knocks McConnell for forcing in-person Senate vote amid coronavirus pandemic MORE (Ky.), Rob PortmanRobert (Rob) Jones PortmanGOP senator to donate 2 months of salary in coronavirus fight Senators pen op-ed calling for remote voting amid coronavirus pandemic Some Democrats growing antsy as Senate talks drag on MORE (Ohio), Mitt RomneyWillard (Mitt) Mitt RomneyOutgoing inspector general says Trump fired him for carrying out his 'legal obligations' Trump selects White House lawyer for coronavirus inspector general Overnight Health Care: CDC recommends face coverings in public | Resistance to social distancing sparks new worries | Controversy over change of national stockpile definition | McConnell signals fourth coronavirus bill MORE (Utah), 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.) and Roger WickerRoger Frederick WickerBottom Line Stimulus empowers Treasury to rescue airlines with billion in direct assistance White House, Senate reach deal on trillion stimulus package MORE (Miss.) voted to end the president's declaration. 

Democrats have seized on the administration’s decision to shift money away from military construction projects as a way to politically box in Republicans by forcing them to decide between breaking with Trump or voting to allow money to be shifted away from projects in their own states.

“The vote today is the surest and likely the only way to restore funding the president has stolen from our troops and military projects across the country,” Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerSchumer: Fired inspector general will be remembered as a 'hero' Biden calls on Trump to appoint coronavirus 'supply commander' Democrats press Trump, GOP for funding for mail-in ballots MORE (D-N.Y.) said ahead of the vote.

He added that if Republicans voted to uphold Trump’s use of his emergency powers they would be setting "a dangerous precedent that could embolden not just this president but future presidents to ignore congressional authority.”

Trump’s decision to leapfrog Congress and declare a national emergency came after lawmakers passed a government funding bill that included $1.375 billion for border barriers.

But the decision has become a perennial headache for the GOP. Under the National Emergencies Act, Democrats can force a vote on ending Trump’s emergency declaration every six months. The Senate previously voted to end it in February, with 12 Republicans voting with Democrats, but the House was unable to override a veto.

“It’s a vote the Democrats can insist on. I’m pretty sure there’s no Republican insisting on taking that vote again,” said Blunt, a member of GOP leadership, referring to the second vote.

Under a list circulated by the Pentagon, officials are shifting money away from military construction projects in 14 states that have Republican senators to go instead toward the border wall.

Some of those states will be at the heart of the 2020 battle for control of the Senate, including Arizona, Colorado and North Carolina, where GOP Sens. Martha McSallyMartha Elizabeth McSallyCampaigns face attack ad dilemma amid coronavirus crisis The Hill's Campaign Report: Biden struggles to stay in the spotlight Democratic super PAC targets McSally over coronavirus response MORE (Ariz.), Cory GardnerCory Scott GardnerGOP senator calls for investigation into 'mismanagement' of strategic ventilators Romney says he tested negative for coronavirus, will remain in quarantine Senate GOP super PAC books more than million in fall ads MORE (Colo.) and Thom TillisThomas (Thom) Roland TillisNorth Carolina Senate race emerges as 2020 bellwether The Hill's Campaign Report: North Carolina emerges as key battleground for Senate control Campaigns pivot toward health awareness as races sidelined by coronavirus MORE (N.C.) are on the ballot.

Democrats also trolled Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTop Federal Reserve official: Further coronavirus stimulus bill may not be needed How governments around the world are passing laws amid the coronavirus crisis Stephen Moore: We're facing another 'Great Depression' MORE (R-Ky.) on Tuesday, holding a press conference with a former educator from Fort Campbell Middle School in Kentucky, which lost $62 million under the emergency declaration.

McConnell knocked Democrats on Wednesday, arguing they were forcing them to hold a repeat vote even though they knew the outcome — that Congress won’t be able to override a veto.

“Still unwilling to work with the president and Republicans on a long-term bipartisan solution for border security, Senate Democrats are making us repeat the same show vote again. I would urge my colleagues to vote for border security and vote against Democrats’ resolution,” he said.

Republicans who support ending the emergency declaration argue that their decision isn’t about Trump personally but about broader concerns on upholding the separation of powers.

“Let me be clear: The question before us is not whether to support or oppose the wall, or to support or oppose the President. Rather, it is: Do we want the Executive Branch — now or in the future — to hold a power that the Founders deliberately entrusted to Congress?” GOP Sen. Susan Collins (Maine), a co-sponsor of the resolution, asked earlier this month.

But Republicans would also likely have sparked fierce backlash from their party’s base if they broke with Trump on the wall, an issue that fires up the president’s core group of supporters.

They are hoping to backfill the $3.6 billion being diverted to the border as part of the fiscal 2020 funding bills.

Democrats, however, have pledged to block any effort to replace the money. The Senate has also struggled to get its funding bills off the ground. The military construction and Veterans Affairs bill, which would include the backfilled funds, hasn’t yet been brought up in the Senate Appropriations Committee.

Sen. John CornynJohn CornynGOP senator: National shelter-in-place order would be an 'overreaction' Lawmakers already planning more coronavirus stimulus after T package Cuban says he'd spank daughter if she was partying during coronavirus pandemic MORE (R-Texas), who is up for reelection, said he would vote to uphold the emergency declaration even though it is resulting in military projects in his state losing money.

“Same way I voted last time. How would I square voting differently?” Cornyn asked.

When a reporter noted his state was losing money according to the Pentagon list, he added: “that’s way too parochial.”

Spokespeople for McSally and Tillis also confirmed ahead of the vote that they would also support the emergency declaration.

“Senator Tillis will once again be supporting President Trump’s emergency declaration because Democrats refuse to provide the president with the tools and resources he needs to address the crisis at our southern border and keep America safe,” said a spokesperson for Tillis.

Democrats urged additional Republicans to support the resolution, but were also realistic about their chances of picking up more GOP votes. Critically for Trump, Republicans were able to keep the vote total below 67, the amount needed to override a veto.

“I do remember what happened with one senator who actually put out a column … saying he was going to vote against this extension of presidential power, 48 hours later he reversed himself,” Durbin said, referring to Tillis. “I don’t know what pressure these Republican senators face … in questioning the president.”