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Fox News legal analyst Andrew Napolitano predicted the courts will prevent President Trump from circumventing Congress and declaring a national emergency to build a wall on the Mexican border.
In an appearance Monday on Fox News’ “American Newsroom,” Napolitano said he believed the courts would stop Trump because much of the land on the border where the wall would be built is held privately.
The article goes on to state the following:
As a result, he suggested the courts would not stand for Trump making the decision to use federal funds to acquire private property and build the wall without congressional approval.
“I think the law is very clear and I think the President has been advised of it that if he signs an executive order declaring a national emergency and directing the military to spend money that has not been expressly appropriated for the wall or that has not been expressly appropriated for eminent domain– since much of the real estate where they want to build the wall is privately owned– I think it’s pretty clear that court will stop him from doing that,” Napolitano said.
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