CNN's Jeffrey Toobin Says Donald Trump May Get Away With Declaring Wall Emergency

The CNN analyst had two reasons. And he warned: "This is what happens in authoritarian countries."

CNN chief legal analyst Jeffrey Toobin explained Thursday why the courts probably won’t stop President Donald Trump if he declares a national emergency to secure funding for his U.S.-Mexico border wall.

Toobin told CNN’s “New Day” that “the president’s emergency powers are phrased in a very broad way and second, as a purely legal matter, it is hard for me to imagine the courts finding a plaintiff with standing, that is a plaintiff with the legal right to sue to stop this at any early point in the process.”

Presidential emergency powers are invoked more often than most people realize, Toobin pointed out, and usually involve “issues that are not terribly high profile.” And “at least in the short-term, I think that if President Trump wanted to do this, the courts would let him,” he added.

Leaders declaring emergencies to “go around the usual legal processes” is “what happens in authoritarian countries,” Toobin cautioned.