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We'll find out what it is going to mean. >> california is going to sue, we got words from gavin newsom saying that's what they plan to do at this news conference right after the president did declare a national emergency. is it the place of individual states to sue or should this be, is it better for congress to do it because after all, this is money that's being taken out of the hands of congress and you guys do have according to our constitution, the power of the purse. >> well, there may be an opportunity for congress to sue. that's possible. also, any state and any entity that's not yet di...

You're right in terms of this is president trump saying to his base, i don't like what i got from congress, so i'm going to take the step of the emergency and do everything i can to try to get this wall done. now, this is something that he could have done back before christmas if he simply vetoed the spending bill and let congress override him. he could have said i did everything i could. they overrode me. the president believes that in the two months since then, he has done, he believes a good job of illuminating to his base what is at stake here in terms of border security. so now he declare...

Affect, i ran, iraq, north korea, venezuela, president trump has three emergency declarations current in effect. president obama has ten that are currently in effect. i don't believe any of those were used as a way to get around congress. so this will be a real test to see how far the president can push this idea of what nancy pelosi said an end run around congress on appropriations before he finds himself in court. you have to bet that he's going to wind up in court in california. >> shepard: i'm sure of that. john roberts at the white house. thank you so much. i appreciate it. to brett bear ...

Are really going against a radical left. i don't want to see a shutdown. a shutdown would be a terrible thing. >> juan: jedediah, no more mention so far of emergency declarations. seems as if republicans in the senate aren't buying it. he's not clear. he's kind of holding us in suspense. is this trump the tv producer? >> jedediah: maybe. i think he knows the numbers that have been released. it stinks, it really does. people on the right are going to be saying what was the point of a shutdown? i think people thought if you shutdown the government to try to budge the democrats and if they didn't...

>> on the issue of the national emergency, you have said it's the easiest of his bad options but still a bad idea. in a rare phenomenon here you have a lot of republicans and some of the president's closest supporters saying this is a constitutional issue. we will not support this. this sets up an issue. the democrats aren't going to give money on the wall. the president fears outrage from the base. if he can't get the national emergency, where do we end up? >> the senate republican caucus is starting to split on this. senator kennedy said he would support the emergency declaration. lindsey gr...