Former Assistant U.S. Attorney Andy McCarthy weighs the president's options when it comes to declaring a national emergency to secure funding for a border wall, on FOX News Channel's 'America's Newsroom.'
"The emergency declaration step stops everything cold," he said. "Because what will end up happening is someone will immediately go to a district court and these judges, as we've seen again and again, declare not only a freeze on what the administration does... probably for a considerable period of time while it worked its way through the courts... Probably many months."
"The script flips the minute he declares an emergency from the chaos at the border, the real crisis that actually does exist down there, to whether he is acting unlawfully," he said. "And I don't think that helps him. As long as he continues to point the focus at what is going on at the border, and how we have a real security challenge down there that has to be addressed, he is gaining."
"The minute that he takes a legal action that at least half the country is going to say is illegal, and a district judge is going to freeze, then it becomes whether he is acting lawlessly rather than whether he is protecting the national security of the country."