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Trump announces national emergency to obtain billions for border wall

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By Jonathan Allen and Dartunorro Clark

WASHINGTON — President Donald Trump declared a national emergency on Friday in an effort to circumvent Congress and fund the wall he promised to build along the U.S. border with Mexico.

“We’re talking about an invasion of our country with drugs, with human traffickers with all types of criminals and gangs,” Trump said in remarks delivered in the White House Rose Garden just before he issued the order.

But he seemed to undercut the theme of urgency when he took questions later, telling NBC’s Peter Alexander that the move wasn’t really necessary.

“I could do the wall over a longer period of time,” he said. “I didn’t need to do this, but I’d rather do it much faster.”

The controversial executive action — which Trump acknowledged would draw lawsuits — came the day after Congress cleared a bill for his signature that prevents a second government shutdown in two months and provides just under $1.4 billion for 55 miles of new fencing along the border. Trump has indicated he will sign the bill, which passed with veto-proof majorities in both chambers, despite pressure from some conservatives to veto it because of its limitations on the type and length of barrier that can be built.

“The current situation at the southern border presents a border security and humanitarian crisis that threatens core national security interests and constitutes a national emergency. The southern border is a major entry point for criminals, gang members, and illicit narcotics,” Trump said in the proclamation, released later in the afternoon, when he also signed the appropriations measures. “Because of the gravity of the current emergency situation, it is necessary for the Armed Forces to provide additional support to address the crisis.”

Trump addressed the voices of dissent on his right flank in his Friday morning remarks, saying that conservative commentator and sometime critic of his approach Ann Coulter is “off the reservation.” He also said that allies like Fox’s Sean Hannity and radio talk show host Rush Limbaugh have his ear but “they don’t decide policy.”

The emergency declaration could allow him to spend money on barriers from a variety of accounts, including the $1.4 billion in the appropriations bill, if his actions clear legal hurdles.

Democratic leaders in Congress quickly vowed to fight Trump on what they said was an overstep of his authority.

“The president’s actions clearly violate the Congress’s exclusive power of the purse, which our Founders enshrined in the Constitution,” Speaker Nancy Pelosi, D-Calif., and Senate Minority Leader Chuck Schumer, D-N.Y., said in a joint statement. “The Congress will defend our constitutional authorities in the Congress, in the Courts, and in the public, using every remedy available.”

Rep. Joaquin Castro, D-Texas, told NBC Thursday night that he planned to introduce a joint resolution terminating the national emergency, but that would not take effect unless both chambers of Congress passed it and either the president signed it or Congress overrode a veto.

Trump, who spoke without the aid of a teleprompter, appeared to have difficulty staying focused on the task at hand during lengthy remarks that veered from trade relations with China and his upcoming summit with North Korean leader Kim Jong Un to the state of the economy. He did not provide all of the details of his border plan.

But senior administration officials said Friday that with the declaration, Trump will have access to a total of $8 billion for the wall. That figure includes $1.375 billion offered by Congress in the spending bill for fencing in Texas; $600 million from the Treasury Department’s drug forfeiture fund; $2.5 billion from a Defense Department drug interdiction program; and $3.5 billion from a military construction budget under an emergency declaration by the president.

He got swift support from traditional allies, including Jenny Beth Martin, honorary chair of the Tea Party Patriots Action group.

“We applaud President Trump for working to keep his promise to the American people and fighting to make our country safe and secure,” Martin said in a statement.

Trump has said for weeks that he was considering using his national emergency powers to unlock funds for his wall, despite originally vowing that Mexico would pay for it.

News of Trump’s plan to declare a national emergency was met with swift criticism from lawmakers in both parties Thursday, with Sen. John Cornyn, R-Texas, calling it a “dangerous step.”

Several Republicans have warned that a Democratic president could follow suit and use a national emergency declaration to fund liberal priorities in the future, and many lawmakers in both parties regard the prospect of a president shifting billions of dollars of funding into a new project as a worrisome precedent even if the courts uphold the plan.

John Paul Woodley Jr., a former assistant secretary of the Army for civil works, said in an interview before the announcement that he’s not aware of any prior effort by an administration to transfer money on such a large scale. In the past, said Woodley, who oversaw the Army Corps of Engineers, relatively small sums — “in the millions, not in the billions” — have been moved to address natural disasters.

“Congress regards — particularly the appropriations committees regard — any reprogramming, however small, as a very serious matter,” he said.

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Fact-checking Trump’s speech declaring a national emergency to pay for border wall

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By Jane C. Timm

President Donald Trump declared a national emergency on Friday in an effort to unlock money for his promised wall on the U.S.-Mexico border, delivering a freewheeling speech that included a number of false or misleading claims.

From the Rose Garden at the White House, Trump spoke and took questions from reporters for nearly an hour, touching on immigration, his emergency declaration, China and more as he pressed the need for a wall to counter what he asserted was an “invasion” threatening the southern border.

Here’s what the president said, and the facts.

1. A border wall is necessary to curb illegal drug trade

Border fencing is essential “because we have tremendous amounts of drugs flowing into the country,” Trump said Friday, later saying the country is facing an “invasion” of drugs.

“With a wall, it would be very easy” to stop drugs and crime from entering the U.S., he said.

But it’s unlikely a border wall would have much effect on the illegal drug trade. Drugs primarily come into the U.S. through ports of entry and through the mail, not through unsecured portions of the southern border, according to the government’s own data.

2. It is a “lie” to say drugs come through ports of entry

“When you look and when you listen to politicians — particular certain Democrats, they say it all comes through the port of entry. It’s wrong. It’s wrong. It’s just a lie,” Trump said.

It’s Trump who has his facts wrong here. Government reports have repeatedly shown that illegal drugs primarily enter the country through ports of entry. And it’s not just Democrats who have publicly acknowledged this information.

Trump’s then-Department of Homeland Security Secretary John Kelly — who went on to become White House chief of staff, until December 2018 — said in April 2017 that illegal drug traffic “mostly comes through the ports of entry.”

3. “Walls work 100 percent”

Border barriers between the U.S. and Mexico do not have a perfect success rate. These fences have been cut through, dug under and climbed over in the past.

To reduce illegal crossings, border authorities have recommended, and requested in budgets, a combination of fencing, technology and other enforcement efforts.

4. Violence in El Paso was “100 percent better” after a wall went up

Speaking about crime and violence, Trump said “it was not only better, it was 100 percent better” when a border barrier was constructed in El Paso, Texas.

Crime data published by the FBI shows otherwise, as NBC News reported in a fact check earlier this month.

Violent crime has been dropping in El Paso since its modern-day peak in 1993 and was at historical lows before a fence was authorized by Congress in 2006. Violent crime actually ticked up during the border fence’s construction and after its completion in 2009, law enforcement data shows.

5. The U.S. is being invaded

The president repeatedly used the word “invasion” to describe the situation at the southern border, pointing particularly to drugs, crime and human trafficking.

But there’s little evidence the southern border is experiencing a new state of emergency. Violence isn’t spilling over the border, and terrorists aren’t being caught in droves trying to cross it. Illegal drugs largely come through legal ports of entry, not unguarded parts of the border, according to border authorities.

Illegal border crossings have been dropping for years, and while border apprehensions have risen in recent months, they are still markedly lower than they were 20 years ago, Customs and Border Protection data shows.

And though Trump has focused on the border, illegal immigration in the U.S. is being driven by another factor: people who overstay their visas. More than 701,900 people overstayed their visas during fiscal year 2017, according to the Department of Homeland Security. People who overstay their visas usually enter the country through an airport, not from the border.

6. China is paying the U.S. billions, thanks to tariffs

“Right now China is paying us billions of dollars in tariffs and I haven’t even gotten started,” Trump said.

Trump misstates how tariffs work. Foreign nations do not pay tariffs directly to the U.S., and often, American consumers ending up footing the bill.

Tariffs are a fee charged by the U.S. when a good is brought into the country. They’re designed to make foreign-made goods more expensive — thus boosting domestic producers — but that expense, charged to the importer, is typically passed down to American consumers.

7. Thousands of MS-13 ‘gang monsters’ have been deported

“We have removed thousands of MS-13 gang monsters. Thousands. They’re out of this country. We take them out by the thousands. And they are monsters,” Trump claimed.

While the U.S. does deport thousands of people with suspected gang ties each year, and Immigration and Customs Enforcement has stepped up its efforts, Trump is likely inflating the number of MS-13 gang members who are included in that number.

In fiscal year 2017, the U.S. arrested 4,818 people with gang ties. That number included fewer than 800 MS-13 members. In fiscal year 2018, ICE removed nearly 6,000 known or suspected gang members, the agency reported. But the report did not indicate how many of those people had a connection to MS-13.

Many MS-13 members are U.S. citizens — the gang was first formed in Los Angeles — and cannot be deported.

This is the case with many gang operations. In one large gang-targeting operation led by ICE in 2017, 1,378 individuals were arrested. Of those, 933 were U.S. citizens.

8. China promised to crack down on fentanyl

“President Xi has agreed to put fentanyl on his list of deadly, deadly drugs. And it’s a criminal penalty, and the penalty is death. That’s frankly one of the things I’m most excited about in our trade deal,” he said.

Fentanyl and many similar substances have been a controlled substance in China for years, The Associated Press reported recently, and Trump is misstating what the Chinese government agreed to do as part of ongoing trade negotiations with the U.S.

Xi agreed to regulate all substances similar to fentanyl in the same way as they regulate fentanyl, which would help the U.S. address the opioid epidemic by keeping it out of the U.S.

Still, the AP added, China has previously promised to stop exporting substances the U.S. considers illegal — even if they are legal in China — but has failed to make good.

9. DHS says illegal immigration costs ‘billions and billions’ per month

“And you know what else is a disaster? The numbers that come out of Homeland Security, Kirstjen, for the cost that we spend and the money that we lose because of illegal immigration: Billions and billions of dollars a month. Billions and billions of dollars. And it’s unnecessary,” Trump said.

The Department of Homeland Security does not release data on how much illegal immigration costs the country. Immigration experts previously told NBC News that a precise figure is nearly impossible to ascertain. That’s in part because undocumented immigrants operate within the shadows, leaving their full fiscal contributions — and use of taxpayer-funded resources — at least somewhat unknown.

Trump has previously claimed the U.S. loses between $200, $250 and $275 billion a year on illegal immigration, numbers that experts across the political spectrum said were probably an exaggeration.

Conservative groups believe the figure could be several billions a month, but Trump isn’t getting that number from the government.



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Judge issues gag order in Roger Stone case

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By Tom Winter

A federal judge issued a gag order in the Roger Stone case Friday, saying attorneys and witnesses for the former Trump campaign adviser and prosecutors working for special counsel Robert Mueller may not speak publicly about Stone’s prosecution for lying, witness tampering and obstruction.

Judge Amy Berman Jackson also put an end to Stone’s courthouse press conferences. The judge ordered that “all interested participants in the matter … must refrain, when they are entering or exiting the courthouse, or they are within the immediate vicinity of the courthouse, from making statements to the media or to the public that pose a substantial likelihood of material prejudice to this case or are intended to influence any juror, potential juror, judge, witness or court officer or interfere with the administration of justice.”

Stone’s lawyer Grant Smith said: “As you can see in the order, Roger Stone is not in any way ‘gagged’ and the courthouse steps is a reasonable place for everyone to act with restraint and decorum.”

Stone was arrested by FBI agents on Jan. 25 during a pre-dawn raid of his Florida home. He has been indicted on seven counts arising from Mueller’s investigation into possible collusion between the Trump campaign and Russia, including five counts of making false statements, one count of obstruction and one count of witness tampering.

Prosecutors say Stone, a long-time Trump associate who worked for Trump’s nascent campaign in 2015, provided the campaign with information about potential releases of hacked emails by WikiLeaks in 2016.

In a statement, Stone attorney Grant Smith said, “As you can see in the order, Roger Stone is not in any way ‘gagged’ and the courthouse steps is a reasonable place for everyone to act with restraint and decorum.”



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