Schiff: Trump's threat to declare national emergency a 'non-starter'

Top House Democrat Adam SchiffAdam Bennett SchiffFive takeaways from Barr's new powers in 'spying' probe Trump declassification move unnerves Democrats Trump appeals order siding with House Democrats bank subpoenas MORE (D-Calif.) on Sunday said President TrumpDonald John TrumpPapadopoulos on AG's new powers: 'Trump is now on the offense' Pelosi uses Trump to her advantage Mike Pence delivers West Point commencement address MORE "doesn't have the power" to declare a national emergency over the border.

"So that's a non-starter," the incoming House Intelligence Committee chairman told CNN's "State of the Union."

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Trump since Friday has been threatening to declare a national emergency in order to build a wall along the southern U.S. border.

"I may decide a national emergency depending on what happens over the next few days," Trump told reporters on Sunday.

Senate Minority Whip Dick DurbinRichard (Dick) Joseph DurbinSenate Democrats to House: Tamp down the impeachment talk Threat of impeachment takes oxygen out of 2019 agenda Senate Democrats request watchdog, Red Cross probe DHS detention facilities MORE (D-Ill.) on Sunday also warned of a legal challenge if Trump bypasses Congress and declares a national emergency to have a wall built.

“I can just tell you, I don’t know what he’s basing this on, but he’s faced so many lawsuits when he ignores the law and ignores tradition and precedent and just goes forward without any concern,” Durbin said on CBS’s “Face the Nation.”

“He’ll face a challenge, I’m sure, if he oversteps what the law requires when it comes to his responsibility as commander in chief,” Durbin added.

Sunday is the 16th day of the ongoing partial government shutdown, which resulted from a standoff between Trump's request for $5.7 billion to fund border security, including a wall or border barrier, and Democrats' refusal to fund a border wall.

"We have to build the wall or we have to build the barrier," Trump said Sunday. "The barrier or the wall can be of steel instead of concrete if that works better."

— Michael Burke contributed to this report, which was updated at 10:53 a.m.