President Trump is considering declaring a national emergency to build his border wall using certain Pentagon funding, and he will make his case publicly on Tuesday night that there's a crisis at the southern border serious enough to justify such a drastic move. There's broad consensus that Trump could declare an emergency, that it would be met with an immediate court challenge, and that the political fallout would be swift and severe. "We will oppose any effort by the president to make himself a king and a tyrant," Rep. Jarrold Nadler (D-N.Y.) said Monday. "The president has no authority to usurp Congress' power of the purse."
"Trump's leading allies on the right, such as Fox News host and presidential confidant Sean Hannity, have spoken encouragingly about the prospect and emboldened Trump in recent days," The Washington Post reports. But Fox News senior judicial analyst Andrew Napolitano sided with Nadler. Trump has no right to do this, Napolitano told Fox Business host Maria Bartiromo on Monday. "That's not me saying no," he added. "The Supreme Court has made it very clear: Even in times of emergency, the president of the United States of America cannot spend money unless it's been authorized by the Congress."
"I think this is a bargaining technique," and Trump, "the master bargainer," believes the Democrats "will blink first," Napolitano said. "But when push comes to shove, this 'declaring an emergency and spending money however I want' is not going to happen."
"The president has valid emergency authorities in a time of a true emergency, but he can't spend money and he can't take property unless the Congress has authorized it — that's directly from the Constitution," Napolitano told Fox News' Martha MacCallum on Monday night. "Otherwise he's bypassing the Congress and he's not a president, he's a prince." Trump "may be biting off more than he can chew here legally and financially," Napolitano added. "He is clearly in dangerous waters constitutionally." Peter Weber
When John Oliver was last on Stephen Colbert's Late Show in the fall, he did not care about Donald Trump. Now, he does, grudgingly. In fact, Colbert noted on Monday's show, Oliver dedicated an entire 20-minute segment on his own HBO show to deflating the Donald Trump legend, ending by hawking a "Make Donald Drumpf Again" hat, a reference to Trump's ancestral name. "We sold 35,000 of these," at cost, Oliver said. "Which, you can imagine, HBO found hilarious. What's funnier than not making any money on an unexpected, inexplicable hit?"
Oliver tried to interview himself in the first part of his sit-down with Colbert, but then Colbert stopped him with a question: "Could Trump happen in England?" Or would the parliamentary system make a Trump candidacy impossible? "It's not that it could happen," Oliver said. "It has happened. We had many kings in the past." He noted that both Trump and 18th century monarchs love gold. But Colbert had the math: About 35 percent of GOP voters back Trump, and 40 percent of the electorate is Republican, so Trump has only about 12 percent support in America.
"Unfortunately, that's an incredibly meaningful 12 percent," Oliver said. Ah, but it wouldn't be in British Parliament, Colbert said: It would just be 12 percent. "I feel like I was in a poli-sci class just now," Oliver said, but he agreed — and went back to his theory that Trump is more a wannabe king than president. Watch below. Peter Weber