Fox & Friends worries courts will block Trump's possible state of emergency declaration

Brian Kilmeade: “The courts have turned on the president in almost every step of the way. ... There seems to be this subtle push back.”

From the January 8 edition of Fox News' Fox & Friends:

Video file

STEVE DOOCY (CO-HOST): If he uses the argument about the drugs, and we showed the number about how big the drugs are, he could use 10 U.S. Code § 284, which authorizes the administration to order military projects to -- for counter-narcotic activities. The problem with that, though, is, in that budget, there's only $760 million dollars, he needs $5 billion. So, look for him to, perhaps, use that authority, but then borrow some money from the Pentagon, which means, the Pentagon chiefs are going to have to say, all right, we were going to use this money for this project, we're going to divert it for the wall.

BRIAN KILMEADE (CO-HOST): Which I don't think is a good sign --

DOOCY: It's the only way he can do it.

KILMEADE: There's money for the Pentagon to be rebuilt if he uses state of emergency. But, if he uses state of emergency, it's going to end up in the courts, and the courts have turned on the president in almost every step of the way. And even at the Supreme Court, there's no reason for optimism because of Chief Justice -- Supreme Court Justice [John] Roberts has been like lately. There seems to be this subtle push back on the president and his policies almost from the day he took office.


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