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>> charles, good afternoon to you. the watch dog group public citizen filed the first lawsuit against the emergency declaration in district court in d.c. and now following on that, california leading 16 states in challenging this. this case is filed in the ninth circuit court of appeals jurisdiction in california. the ninth circuit court of appeals rarely friendly to the president. he did get a good ruling just the other week. here's the california attorney general on why they filed the suit. listen here. >> in every respect, the facts prove that donald trump is acting outside the law in decla...

>> president trump: it's an invasion. we have an invasion of drugs and criminals coming into our country that we stop but it is very hard to stop. with a wall it would be very easy. so i think that we will be very successful in court. i think it's clear. >> as the president predicted, california is leading the charge to stop the administration. that means this case, sandra, will wind its way through the courts including the typically left-leaning ninth circuit. >> in every respect the facts prove that donald trump is acting outside the law in declaring an emergency but also acting outside the ...

Prove that donald trump is acting outside the law in declaring an emergency, but he's also acting outside the law in trying to raid pots of money that have already been allocated by congress. >> emergency declaration only refers to money that refers to the military construction budget, that's about $3.6 billion. there's another $4.5 billion that president trump can get to without the emergency declaration. if you can get his hands on all of that, that's enough money to build about 180 miles of border wall. bret? >> bret: john roberts live on the north lawn. a report by the democrat led oversig...