Appearing on on ABC’s “This Week,” Smith explained to host George Stephanopoulos that the president can declare an emergency and have a wall built to protect the nation’s borders.
“Does President Trump have the ability, have the authority to declare a national emergency and have the military build his wall?” Stephanopoulos asked.
“Well, unfortunately, the short answer is yes. There is a provision in the law that says the president can declare an emergency. It’s been done a number of times, but primarily it’s been done to build facilities in Afghanistan and Iraq and in this case I think the president would be wide-open to a court challenge saying, ‘Where’s the emergency?'” Smith responded.
“All border security experts that I talk to say where a wall makes sense has already been built,” Smith continued on to say. “We should have a conversation about border security, but first we should reopen the government and start paying our border patrol agents and the other 800,000 federal employees who are furloughed.”
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