Brian Fitzpatrick actually said...
There's two questions there. Number one, can he legally? The second is, should he? The can is a question of constitutional law in Article 2 of the Constitution and Title 50 of the U.S. Code. That's the question of constitutional lawyers, and I think if he does make that decision, Anderson, that's going to get tied in litigation.
Context
Fitzpatrick discusses the legal and ethical implications of President Trump's potential declaration of a national emergency regarding the border.
01/06/2019