House Dems sue Trump over national emergency declaration

The Democratic-controlled House on Friday filed a lawsuit against President TrumpDonald John TrumpWarren unveils Native American policy plan Live-action 'Mulan' star spurs calls for boycott with support of Hong Kong police Don't let other countries unfairly tax America's most innovative companies MORE alleging his declaration of a national emergency to build a border wall is unconstitutional, a move that shifts the political battle to the courts.

The lawsuit, filed in the U.S. District Court for the District of Columbia, claims the president violated Congress's constitutional authority over appropriations by diverting federal funds from other sources to construct a wall after Congress provided only $1.375 billion for border security.

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“The House is unaware of any other instance in American history where a President has declared a national emergency to obtain funding after failing to win Congressional approval for an appropriation,” the lawsuit reads.

The White House did not immediately respond to a request for comment.

The lawsuit was filed the same day that Trump visited California to view a segment of the wall constructed on the U.S.-Mexico border.

Trump declared a national emergency in February to shift federal funds toward construction of the border wall after Congress refused to provide him with the amount he requested.

The initial standoff resulted in a 35-day partial government shutdown, the longest in U.S. history.

The complaint was filed one day after Speaker Nancy PelosiNancy PelosiThe Hill's Morning Report — Trump and the new Israel-'squad' controversy Trump crosses new line with Omar, Tlaib, Israel move Pelosi: Israel's Omar-Tlaib decision 'a sign of weakness' MORE (D-Calif.) announced that the House would sue the president to block Trump's national emergency declaration to build a wall along the southern border.

“The Congress has a solemn responsibility to defend its exclusive constitutional responsibilities, and protect our system of checks and balances,” Pelosi said of the lawsuit in a statement Friday. “The very integrity of our democratic institutions are at stake. We will not let the President trample over the Constitution.”

The House Democrats are also targeting Treasury Secretary Steven Mnunchin, Acting Defense Secretary Patrick ShanahanPatrick Michael ShanahanWhy Dave Norquist is the perfect choice for DOD's deputy secretary Five questions for Trump's new defense secretary on first major tour Trump says media is part of vetting his nominees: 'We save a lot of money that way' MORE, Homeland Security Secretary Kirstjen NielsenKirstjen Michele NielsenTrump casts uncertainty over top intelligence role Juan Williams: Trump, his allies and the betrayal of America Trump taps Texas Rep. Ratcliffe to replace Dan Coats as top intelligence official MORE and Acting Interior Secretary David Bernhardt, as well as their respective departments.

The complaint argues that Trump lacks the authority under the National Emergencies Act to divert military funds toward the wall's construction.

The lawsuit also cites comments Trump made in declaring the national emergency that he “didn’t need to do this” and that he’s “already done a lot of wall, for the election — 2020.”

Attorney General William BarrWilliam Pelham BarrUS attorney blames Philadelphia DA for 'culture of disrespect' that led to police shootings GOP senators call for Barr to release full results of Epstein investigation Nadler subpoenas Lewandowski, former White House official for testimony MORE said at the time of Trump’s order that the president had the legal authority to declare the national emergency.

Immigration officials, including Nielsen, have also recently characterized the situation at the border as a crisis.

Updated 6:22 p.m.