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  • JUDY WOODRUFF: As we heard, President Trump's declaration of a national emergency is provoking

  • considerable scrutiny.

  • Even within his own party, opinion is split, and much of the talk now is about the court

  • battles to come.

  • Amna Nawaz starts there.

  • AMNA NAWAZ: There are expected to be a number of legal challenges to the declaration, including

  • from the state of California.

  • The man who led that suit, Xavier Becerra, the attorney general of California and a former

  • member of House Democratic leadership.

  • Mr. Attorney General, thank you, and welcome back to the "NewsHour."

  • When you gave a press conference earlier, you said that you were going to be challenging

  • the declaration in some way after you reviewed the text, that you have sister states filing

  • with you.

  • So, now that you have read the text, what do you plan to do, when will you do it, and

  • who's with you?

  • XAVIER BECERRA (D), California Attorney General: We are still reviewing, but we are prepared

  • to move.

  • We do believe the president's actions are not only reckless, but unlawful.

  • And so we will move.

  • And we will have other states that are going to be joining with us that have been working

  • with us throughout this whole process.

  • We will be ready to go because it's important to make sure that when Americans in whatever

  • state send their tax dollars to the federal government that they know they are going to

  • be used for the right purposes and the purpose Congress said, not because some president

  • says all of a sudden he's unhappy and he wants to declare a national emergency.

  • AMNA NAWAZ: So, I know you're still reviewing the text, but based on what the president

  • has laid out, what do you think the legal basis for that challenge will be?

  • XAVIER BECERRA: The president tried and filed failed to get more money out of Congress.

  • As he said in his press conference, he is not happy.

  • And he says it's a great thing do to declare a national emergency.

  • And he also admitted that this is not something he needs to do.

  • Those are not the words of a president who is about to declare a national emergency.

  • Think 9/11 with President Bush.

  • Think President Jim Carter with the Iran hostage crisis.

  • In those cases, the presidents were not happy about what they are doing.

  • And neither president, of course, would have said, this is something I don't need to do.

  • President Trump just simply doesn't understand that he's limited, like any other American,

  • in how he tries to comply with the law.

  • He is not above the law.

  • And so in this particular case, under the Constitution, separation of powers, he doesn't

  • have the authority to redirect dollars that Congress has allocated to the various states.

  • AMNA NAWAZ: The president's supporters will say, look, some of what he said today is absolutely

  • true.

  • There have been increasing numbers of family units taxing our system in unprecedented ways.

  • There's this enormous immigration backlog.

  • There's a crisis to some degree.

  • And in the absence of Congress doing something about it, this is the president taking drastic

  • measures to do something.

  • What do you say to that?

  • XAVIER BECERRA: We certainly have challenges on the border.

  • And many of these challenges are manufactured by the president himself, when he treats individuals

  • who are trying to apply for asylum against the law, when he tries to use force on peaceful

  • individuals who are cross the U.S. border.

  • And so there's no doubt that there's a challenge, but it's not a national emergency.

  • For him to try to then rob money that's been allocated for good purposes throughout the

  • country is to deny taxpayers of their constitutional rights to make sure that there's a clear separation

  • of powers between an executive and a legislative branch, which is the branch that has the power

  • to direct dollars.

  • AMNA NAWAZ: Mr. Attorney General, very briefly, before I let you go, we should point out,

  • in the past, you have supported legally executive authority, executive actions taken by presidents,

  • for example, the DACA program created by executive order under President Obama.

  • And you filed a number of lawsuits against this administration.

  • So a lot of people will ask, is your objection to this legal or is it political?

  • XAVIER BECERRA: Remember that President Obama acted -- executive action based on his authority

  • as president.

  • He didn't change laws.

  • He didn't try to dismiss laws.

  • He was simply trying to work within the framework of our immigration laws in dealing with DACA

  • and the DAPA program.

  • Here, President Trump is not simply trying to work within the framework of our existing

  • laws.

  • He's talking trying to undermine them and cancel them in order for him to be able to

  • take money from other purposes that have been allocated by Congress.

  • And so it's a clear violation, not just of laws and the appropriations done by Congress.

  • It's a violation of the separation of powers under the Constitution.

  • AMNA NAWAZ: Mr. Attorney General Xavier Becerra of the state of California, thanks very much

  • for your time.

  • XAVIER BECERRA: Thank you.

JUDY WOODRUFF: As we heard, President Trump's declaration of a national emergency is provoking

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カリフォルニア州の司法長官、トランプ氏の国家緊急事態を「無謀」と呼ぶ (California attorney general calls Trump's national emergency 'reckless')

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    林宜悉 に公開 2021 年 01 月 14 日
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