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Ways for the president under u.s. code, a couple different codes where he can reprogram money without declaring a national emergency. maybe that's what the president is talking about. stay tuned we know the white house got a look at it and nancy pelosi said i'm okay with it. ainsley: a lot of people are calling for him to veto it you have senator richard shelby the republican from alabama when asked will the president approve of this we think so and hope. so the president said yesterday i'm never going to sign a bill that forces the mass release of violent criminals. if you look at the stats, ...

Not to show up on february 7th. the president has been going after him on twitter and rudy giuliani as well. here is tare the tweets. we talked about whether this would amount to witness tampering. if we look at the u.s. code, 1512, whoever knowing uses intimidation threatens or corruptly persuades another person or attempts to do so or engages in misleading conduct toward another person with intent to -- influence, delay or prevent the testimony of any person in a official proceeding. >> again, i am not a lawyer but it sounds like that's what the president is doing. they may try to allege the

Jennifer? >> president trump has stopped short of declaring a national emergency. on his way to the southern border today the president signaled that could be his next step if no deal is reached with the democrats. pentagon officials are preparing in case he orders the military to help. traveling with the president, is army secretary mark esper and the head of the army corps of engineers. the president could call on a little-known section of u.s. code, section 2808, which gives the defense secretary the authority to tap into the pentagon's construction money. about $10 billion remains in milit...

Good to see you tonight, professor. >> thanks for having me on. >> state your case, we heard from moderate republican susan collins saying she has concerns about this, state your case on why the president has this executive power? >> is not relying on inherent authority from the constitution although he could. is relying on specific statutes, the national emergencies act gives him the power to declare a national emergency. every president since that act has passed is used it, barack obama used it to declare a national emergency over the swine flu. once the national emergency is declared, i thi...

It happened after the manila bombing. it happened after the coup in turkey with erdogan. now, of course, the president can some point to specific law. there is something in the u.s. code, 10 u.s. code 2808, that says you can reshuffle some money for military construction. this is not military. we know that it's fake. we know that the president -- >> we may have -- >> -- are not going to have a separate rule just for trump. >> professor, i'm going to jump in -- i'm jumping in to alert you, we're having some technical difficulties. but pick up on the point you were making. i think we may have lo...