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I'm 99% certain litigation will go no where, except to stay pending judgment (in the popular imagination) which will ultimately rule in favor of the POTUS inter alia. Furthermore, in arguing against Trump pretext Mistal includes a link to CNN collation of proclamations in xer estimation "--which, again, are stupid--". Mistal declines to explore eminent domain orders, of course. Trump's wall would be the 32nd active national emergency, illustrated
In fact, the US has been in a perpetual state of declared national emergency for four decades, and the country is currently under 31 concurrent states of emergency about a spectrum of international issues around the globe, according to a CNN review of documents from the Congressional Research Service and the Federal Register.
House Intelligence Committee chairman Adam Schiff told CNN's Jake Tapper [!] on "State of the Union" on Sunday that Trump doesn't have the authority to declare an emergency. "If Harry Truman couldn't nationalize [sic] the steel industry during wartime [sic], this President doesn't have the power to declare an emergency and build a multibillion-dollar wall on the border. So, that's a nonstarter."
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