The Pentagon is exploring ways to build a border wall along the southern border in the event President Trump declares a national emergency and directs military funding toward the project, according to a new report.
“The Department of Defense is reviewing available authorities and funding mechanisms to identify options to enable border barrier construction,” Pentagon spokesman Navy Capt. Bill Speaks told USA Today. “As there has not been such a declaration made, it would be inappropriate to comment further on those efforts.”
The Pentagon did not immediately respond to a request for comment from the Washington Examiner.
Trump has floated the possibility of declaring a national emergency that would direct military funding for a border wall amid the partial government shutdown due to a dispute over funding for the project. Such funds would be pulled from the the Pentagon’s budget for construction projects that Congress have already approved.
“I have the absolute right to declare a national emergency,” Trump told reporters Thursday before he headed to Texas. “The lawyers have so advised me. I’m not prepared to do that yet. But if I have to, I will. I have no doubt about it; I will. I have the absolute right to declare.”
But such a move faces opposition from lawmakers on both sides of the aisle, including House Armed Services Committee Chairman Adam Smith, D-Wash., who said in an interview Sunday that Trump could use emergency powers to build a wall, but it would be challenged in court.
“Unfortunately, the short answer is yes,” Smith said on ABC’s “This Week.”
Smith also said that such a move typically has been done to build facilities in Afghanistan and Iraq. “In this case, I think the president would be wide open to a court challenge saying, ‘Where is the emergency?’”
Trump, who has called for more than $5 billion to go toward building a wall, met with lawmakers Wednesday to discuss options to end the partial shutdown, but no solution was reached.
The partial shutdown impacts approximately 800,000 federal workers.
