WASHINGTON — President Trump has stepped back from declaring a national emergency to pay for a border wall, under pressure from congressional Republicans, his own lawyers and advisers, who say using it as a way out of the government shutdown does not justify the precedent it would set and the legal questions it could raise.
“If today the national emergency is border security, tomorrow the national emergency might be climate change,” Senator Marco Rubio of Florida, one of the idea’s critics, said this week. Another Republican, Senator Mitt Romney of Utah, told an interviewer that declaring a national emergency should be reserved for “the most extreme circumstances.”
.. “What we’re not looking to do right now is national emergency,” he told reporters gathered in the Cabinet Room as the shutdown approached its fourth week. Minutes later he contradicted himself, saying that he would declare a state of emergency if he had to.
.. Instead, Mr. Trump would use his authority to transfer funds to the wall that were appropriated by Congress for other purposes. Toward that end, the Army Corps of Engineers has been directed to study whether it can divert about $13.9 million in emergency aide set aside for Puerto Rico, Florida, Texas and California. And with the money secured, the president could drop his opposition to the appropriations bills whose passage would end the shutdown.
.. Former White House aides, who noted that Mr. Trump did not focus on the wall during the first two years of his presidency, said the optics of fighting for the wall were more important to the president than erecting it.
.. But opposition has come from many Republican quarters. Some conservatives see it as an unacceptable extension of executive power. Kellyanne Conway, a White House aide, has said it would essentially give Congress a pass. Representative Mike Simpson, Republican of Idaho and a member of the House Appropriations Committee, said it was not clear to him that an emergency declaration would even lead to the prompt reopening of the government.
At a Monday rally, President Trump made comments about a caravan of Central American migrants that had fact-checkers on the alert. Since the president took office, they’ve identified 2,915 claims that cannot be verified by the truth. Daniel Dale, Washington bureau chief of the Toronto Star, joins Judy Woodruff to discuss Trump’s increasing rate of dishonesty and how the press should report on it.
The White House counsel, Donald F. McGahn II, has cooperated extensively in the special counsel investigation, sharing detailed accounts about the episodes at the heart of the inquiry into whether President Trump obstructed justice, including some that investigators would not have learned of otherwise, according to a dozen current and former White House officials and others briefed on the matter.1
In at least three voluntary interviews with investigators that totaled 30 hours over the past nine months, Mr. McGahn described the president’s fury toward the Russia investigation and the ways in which he urged Mr. McGahn to respond to it
.. It is not clear that Mr. Trump appreciates the extent to which Mr. McGahn has cooperated with the special counsel. The president wrongly believed that Mr. McGahn would act as a personal lawyer would for clients and solely defend his interests to investigators
.. Mr. McGahn cautioned to investigators that he never saw Mr. Trump go beyond his legal authorities, though the limits of executive power are murky.
.. the two rarely speak one on one — the White House chief of staff, John F. Kelly, and other advisers are usually present for their meetings — and Mr. Trump has questioned Mr. McGahn’s loyalty.
.. Mr. McGahn that he has called the president “King Kong” behind his back, to connote his volcanic anger, people close to Mr. McGahn said.
.. Mr. Burck said that Mr. McGahn had been obliged to cooperate with the special counsel. “President Trump, through counsel, declined to assert any privilege over Mr. McGahn’s testimony
.. He wanted to take on Mr. Mueller directly, attacking his credibility and impeding investigators. But two of his newly hired lawyers, John M. Dowd and Ty Cobb, have said they took Mr. Trump at his word that he did nothing wrong and sold him on an open-book strategy.
.. As White House counsel, not a personal lawyer, he viewed his role as protector of the presidency, not of Mr. Trump. Allowing a special counsel to root around the West Wing could set a precedent harmful to future administrations.
.. Mr. Trump blamed him for a number of fraught moments in his first months in office, including the chaotic, failed early attempts at a ban on travelers from some majority-Muslim countries and, in particular, the existence of Mr. Mueller’s investigation.
.. Mr. McGahn’s decision to cooperate with the special counsel grew out of Mr. Dowd’s and Mr. Cobb’s game plan, now seen as misguided by some close to the president.
.. Last fall, Mr. Mueller’s office asked to interview Mr. McGahn. To the surprise of the White House Counsel’s Office, Mr. Trump and his lawyers signaled that they had no objection, without knowing the extent of what Mr. McGahn was going to tell investigators.
Mr. McGahn was stunned
.. Mr. Burck has explained to others that he told White House advisers that they did not appreciate the president’s legal exposure and that it was “insane” that Mr. Trump did not fight a McGahn interview in court.
.. the White House has to understand that a client like Mr. Trump probably made politically damaging statements to Mr. McGahn as he weighed whether to intervene in the Russia investigation.
.. Mr. McGahn and his lawyer grew suspicious. They began telling associates that they had concluded that the president had decided to let Mr. McGahn take the fall for decisions that could be construed as obstruction of justice, like the Comey firing, by telling the special counsel that he was only following shoddy legal advice from Mr. McGahn.
.. McGahn told people he was determined to avoid the fate of the White House counsel for President Richard M. Nixon, John W. Dean, who pleaded guilty to conspiracy to obstruct justice in the Watergate scandal.
Mr. McGahn decided to fully cooperate with Mr. Mueller. It was, he believed, the only choice he had to protect himself.
.. “This sure has echoes of Richard Nixon’s White House counsel, John Dean, who in 1973 feared that Nixon was setting him up as a fall guy for Watergate and secretly gave investigators crucial help while still in his job,” said the historian Michael Beschloss.
.. By exerting attorney-client privilege, which allows the president to legally withhold information, they would have gained the right to learn what Mr. McGahn planned to tell investigators and what he might reveal that could damage the president. But the president’s lawyers never went through that process, although they told people that they believed they still had the ability to stop Mr. Mueller from handing over to Congress the accounts of witnesses like Mr. McGahn and others.
.. Mr. Burck and Mr. McGahn met the special counsel team in November for the first time and shared all that Mr. McGahn knew.
.. Mr. McGahn gave to Mr. Mueller’s investigators, the people said,
- a sense of the president’s mind-set in the days leading to the firing of Mr. Comey;
- how the White House handled the firing of the former national security adviser, Michael T. Flynn; and
- how Mr. Trump repeatedly berated Mr. Sessions, tried to get him to assert control over the investigation and threatened to fire him.
.. it became apparent that Mr. McGahn and Mr. Burck had overestimated the amount of thought that they believed the president put into his legal strategy
The trade war between the United States and China showed no signs of yielding on Thursday, as Steven Mnuchin, the Treasury secretary, told lawmakers there was no clear path to resolution and Beijing blasted the administration over its approach.
Mr. Mnuchin, who has tried to avoid calling the trade tensions with China a “war,” said talks with Beijing had “broken down” and suggested it was now up to China to come to the table with concessions. President Trump, speaking in Brussels on Thursday, described the trade talks with China as a “nasty” battle.
.. “The administration needs to explain to Congress where this is all headed,” Senator Bob Corker, Republican of Tennessee and the committee’s chairman, told Manisha Singh, an assistant secretary at the State Department, as she prepared to testify.
“To my knowledge, not a single person is able to articulate where this is headed, nor what the plans are, nor what the strategy is,” Mr. Corker said.
.. China has also had difficulty figuring out whom to negotiate with, after tentative agreements reached with Mr. Mnuchin and Wilbur Ross, the commerce secretary, fell through.
“I think they’re coming to the conclusion that it doesn’t matter whether Mnuchin or Ross or anybody is in the front of the line, that it’s really going to be figuring out what Trump wants,”
.. “For the purpose of meeting domestic political needs and suppressing China’s development, the U.S. has fabricated a set of policy arguments that distort the truth about Sino-U.S. economic and trade relations.”