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16 states, but not Pennsylvania, sue Trump over emergency wall declaration

Sixteen states filed a lawsuit Monday against President Donald Trump's emergency declaration to fund a wall on the U.S.-Mexico border. Pennsylvania Attorney General Josh Shapiro says he is monitoring the situation.
LUIS ALVAREZ/AP
Sixteen states filed a lawsuit Monday against President Donald Trump’s emergency declaration to fund a wall on the U.S.-Mexico border. Pennsylvania Attorney General Josh Shapiro says he is monitoring the situation.
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Sixteen states filed a lawsuit Monday against President Donald Trump’s emergency declaration to fund a wall on the U.S.-Mexico border.

California Attorney General Xavier Becerra released a statement Monday saying the suit alleges the Trump administration’s action violates the Constitution.

“President Trump treats the rule of law with utter contempt,” Becerra said. “He knows there is no border crisis, he knows his emergency declaration is unwarranted, and he admits that he will likely lose this case in court.”

Pennsylvania has not joined the lawsuit, but in a statement, Attorney General Josh Shapiro said he was monitoring the situation and would “not hesitate to take legal action if our Commonwealth loses out on any money we have been allocated by Congress.”

Joining California in filing the lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Virginia. All the states involved in the lawsuit have Democratic attorneys general.

The states say diversion of military funding to wall-building will hurt their economies and deprive their military bases of needed upgrades. They say taking away funds from counter-drug efforts for the wall will also cause damage. California and New Mexico, the two Mexican border states in the lawsuit, say the wall will harm wildlife.

Trump declared a national emergency to fulfill his promise of completing the wall.

The move allows the president to bypass Congress to use money from the Pentagon and other budgets.

Trump declared Tuesday that he would prevail over the lawsuit.

Speaking to reporters at the White House, Trump said he expected to do “very well,” against the suit, adding that he had an “absolute right” to make the declaration.

“I think in the end we’re going to be very successful with the lawsuit,” Trump said, arguing that the opposition was political.

Trump argued Tuesday that the wall was needed to “stop drugs and crime and criminals and human trafficking.” He has repeatedly sought to paint a dire picture of conditions at the border, though illegal border crossings are down from a high of 1.6 million in 2000.

After weeks spent battling with Congress over border funding and what constituted a wall versus a fence, Trump said: “I can call it a barrier, but I think I don’t have to do that so much anymore, we’ll call it whatever we want.”

Trump’s use of the emergency declaration has drawn bipartisan criticism and is expected to face numerous legal challenges. A top White House adviser said Sunday that Trump was prepared to issue his first veto if Congress votes to disapprove his declaration of a national emergency.

Earlier Tuesday, Trump singled out California for its lead role in the suit, seeking to link the state’s high-speed rail project to his plan for the wall.

On Twitter, Trump claimed the “failed Fast Train project” was beset by “world record setting” cost overruns and had become “hundreds of times more expensive than the desperately needed Wall!”

The estimated cost for a San Francisco-to-Los Angeles train has more than doubled to $77 billion. That’s about 13 times more than the $5.7 billion Trump sought unsuccessfully from Congress to build the wall.

Last week, California Gov. Gavin Newsom said the rail project “as currently planned, would cost too much and take too long.” He said the state would focus on completing a shorter segment in the state’s Central Valley while seeking new funding sources for the longer route.

The Morning Call contributed to this report.