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Name one case where a president asked money for congress, congress refuse and the president then invoked national powers to get the money anyways. >> the current situation. >> yes or no, so. >> the current situation pertains specifically to the military construction authority. >> congress asked for money for military construction. congress said no and he then -- >> the meaning of the statute, chris, clear on its own terms. if you don't like the statute, or members of congress don't like the statute. >> the aenser is no. >> the premise of your question is false because congress has appropriated...

>> yes or no, sir. >> it pertains -- >> i'm just asking you. he asked for military construction, congress said no -- >> the meaning of the statute is clear on its own terms. if you don't like the statute -- >> so the answer is no? >> the premise is also false because there has been construction of border barriers consistently. >> but it has never been done under national emergency. >> to promote address in bella reduce, zimbabwe. >> they passed a law specifically saying the president could have this authority. it's in the plain statute. that's a decision that congress made. and if people don't...

Meanwhile, california's attorney general says he will file a lawsuit to stop this emergency declaration since it would siphon money from projects already funded in his state. he says other states are set to follow his lead. one of the president's closest advisers, stephen miller, was pressed on this issue this morning. >> can you name one case where a president has asked congress for money, congress has refused, and the president has then invoked national powers to get the money anyway? >> well, this current situation -- >> just yes or no. >> the current situation pertains specifically to the ...

National emergency. and they said we need $5.7 billion for these two to three top priority. yet congress failed to deliver on that. there is money from the military construction account there will be is some in treasury as well. you mention the asset forfeiture. all that can come together and end up around $8 billion he can spend on border barriers. judge jeanine: obama misused money that wasn't appropriated to pay for obamacare subsidies. >> we might remember $1.8 billion that went to iran. and i know i was in congress. i didn't appropriate that. let's make sure we have the same standard for ...

>> the meaning of the statute, chris, is clear on its own terms. if you don't like the statute or members of congress don't -- chris: would you agree the answer is, no, there hasn't been a single -- >> the premise of your question is false because congress has appropriated money for construction of border barriers consistently. this is part of a national security -- chris: but they've never done this under a national emergency -- >> but we've declared national emergencies to promote democracy in belarus, to promote democracy in zimbabwe -- chris: taking into effect money that congress refused ...