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STATEMENT: Rep. Khanna on the President’s manufactured “national emergency”

February 25, 2019
Press Release

Washington, DC – Today, Rep. Khanna issued the below statement in light of the President’s recent emergency declaration.  

“I strongly caution Acting Secretary of Defense Patrick Shanahan and Chairman of the Joint Chiefs of Staff General Joseph Dunford against violating the clear terms of the national emergency statute (10 U.S. Code § 2808 ) in the 1976 National Emergencies Act (PL 94-412). This administration would violate this statute if the proposed $3.6 billion were diverted for an expansion of the border wall. The national emergency statute only authorizes the Department of Defense (DoD) to divert funds for usage in the U.S. for the purpose of enhancing the use of military facilities on property owned by DoD. It does not authorize the diversion of funds to property owned by other branches of the U.S. government, which in this instance, would be the case. Additionally, the construction of the wall requires seizure of property owned by private citizens and Native American tribes. As made clear by the Insurrection Act and Posse Comitatus, this statute prohibits the president from using the military to enforce domestic law. The Congress, which is given the “power of the purse” by our Founding Fathers, appropriated these funds solely for military construction and family housing funding—not a border wall.  I am proud to be an original cosponsor of Rep. Joaquin Castro’s House Joint Resolution 46, and I will strongly support and vote for it to terminate the President’s manufactured “national emergency” and prevent our Defense Department’s money from illegally being spent on an unnecessary and ineffective border wall.”

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About the Office

Congressman Khanna represents the 17th District of California, which covers communities in Silicon Valley. Visit his website at khanna.house.gov. Follow him on Facebook and Twitter @RepRoKhanna.