Justice lawyers say House can't sue Trump over emergency declaration for wall

Department of Justice lawyers argued in a D.C. court Thursday that the House doesn’t have the ability to sue the administration as they sought to block Democrats’ lawsuit challenging President Trump’s ability to use military funds to build a border wall under his national emergency declaration.

The Democratic-controlled House filed suit against the Trump administration last month after the president declared a national emergency to shift funds toward building a wall at the southern border. 

The lawsuit doesn't challenge the national emergency itself, but rather the transfer of the military funds toward constructing a border wall.

House Democrats have argued that only Congress has the constitutional authority to appropriate funds, and that using money meant for military projects to build a wall violates the separation of powers.

During the first 90 minutes of the roughly three-hour hearing, District Judge Trevor McFadden heard arguments from both parties on whether the courts should even play a role in the fight between Congress and the administration on the border wall funding.