The U.S. Justice Dept. argued in a filing to the federal appellate court in San Francisco earlier this month—in a lawsuit that challenges the shift of billions in military construction funds for border-wall building—that the president has authority under law to divert money during a national emergency. Lawyers for states argued that the executive branch cannot defy congressional intent, noting that Congress intentionally limited wall funding in the current U.S. budget.
At issue is Section 2808 of military law, a rarely used provision that allows military construction funds to be reallocated to critical military building needs during a declared emergency. President Donald Trump issued such a declaration last year to divert $6.7 billion from military construction projects and another $3.6 billion in the fiscal 2020 budget.