WEBVTT - California Sues Trump Administration Over Border Wall (Audio)

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<v Speaker 1>President Trump's wall may not be getting any higher, but

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<v Speaker 1>the number of lawsuits filed against him by California is

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<v Speaker 1>California issuing the Trump administration to stop construction of the

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<v Speaker 1>wall along the state's border with Mexico. California State Attorney

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<v Speaker 1>General Javier Bessara said that construction of the border wall

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<v Speaker 1>violates the separation of powers doctrine of the Constitution and

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<v Speaker 1>thirty seven laws, including the Clean Water Act, the National

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<v Speaker 1>Environmental Policy Act, and the Coastal Zone Management Act. The

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<v Speaker 1>border between the US and Mexico spans some two thousand miles.

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<v Speaker 1>The list of laws violated by the President's administration in

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<v Speaker 1>order to build his campaign wall is almost as law.

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<v Speaker 1>This is the latest of more than two dozen lawsuits

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<v Speaker 1>and legal briefs filed against the Trump administration by bas

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<v Speaker 1>Sarah As California political resistance to the Trump agenda escalates,

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<v Speaker 1>joining us to discuss the law SCOOTS lawsuit is Cardike

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<v Speaker 1>Marotra Bloomberg News Legal reporter card k Homeland Security has

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<v Speaker 1>broad powers over the border. So what are the strongest

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<v Speaker 1>arguments in this lawsuit? So there are three fundamental arguments

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<v Speaker 1>being brought by the California Attorney general. One is based

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<v Speaker 1>on states rights on that to this proposal is a

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<v Speaker 1>violation of sentiment rights for the state to do what

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<v Speaker 1>it wishes to uh in in the state. That's one.

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<v Speaker 1>The second is that the law that allows the Department

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<v Speaker 1>of Homeland Security to circumvent local and federal laws to

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<v Speaker 1>erect a wall and has some caveats, and it among

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<v Speaker 1>them is that after the Illegal Immigration Reform and Immigrant

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<v Speaker 1>Responsibility Act was passed in ninety six, there was a

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<v Speaker 1>brief window in which the federal government was supposed to

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<v Speaker 1>determine which regions would be subject to additional physical barriers.

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<v Speaker 1>This area apparently was not one of those regions uh

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<v Speaker 1>and and the deadline for doing so for naming that

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<v Speaker 1>area was the end of two thousand eight. So the

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<v Speaker 1>BASERA Attorney General's office claims that you know your your

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<v Speaker 1>wind of opportunity has gone, and that's sort of the

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<v Speaker 1>primary argument. The third is that there's been no nipa

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<v Speaker 1>um review environmental review of this project. The environmental impact

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<v Speaker 1>hasn't been determined, so that needs to occur before any

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<v Speaker 1>construction can move forward. These are the three basic claims. Cardike.

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<v Speaker 1>The president generally has very broad power over the border.

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<v Speaker 1>How does that general principle fit in with those specific

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<v Speaker 1>allegations that you just laid out. The State of California

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<v Speaker 1>is going to argue that while the president has broad powers,

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<v Speaker 1>while the Department of Homeland Security has broad powers, they

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<v Speaker 1>can't violate the constitution right. They can't circumvent the tenth Amendment.

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<v Speaker 1>So you can't heat upon the state's rights to enforce

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<v Speaker 1>your own um And so they're going to hope that

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<v Speaker 1>they can find a favorable judge to to buy into

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<v Speaker 1>that argument. Illegal challenges to border barriers have not been

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<v Speaker 1>successful over the years, have they No, You've seen, uh

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<v Speaker 1>these challenges pop up a number of times in the past,

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<v Speaker 1>and yet you have over seven hundred miles of border

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<v Speaker 1>wall uh at the US Mexico borders. So I don't

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<v Speaker 1>think at the law is on California. An attorney general,

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<v Speaker 1>how you have saricide Carter K. You mentioned the hope

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<v Speaker 1>by California for a favorable judge. Is there a prospect

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<v Speaker 1>this case could end up before Judge Curiel, who, of

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<v Speaker 1>course was the focus of Donald Trump's um uh ire

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<v Speaker 1>during the campaign because of the student in halving Trump University.

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<v Speaker 1>That's not out of the question. He's in the southern

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<v Speaker 1>district of California. I don't believe it's been assigned to

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<v Speaker 1>judge yet, um so us. Yeah, it's it's absolutely possible.

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<v Speaker 1>Uh but uh and that will certainly create a dynamic

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<v Speaker 1>worth watching where you'll see the President again have the

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<v Speaker 1>opportunity to attack the judiciary if fIF things don't go

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<v Speaker 1>his way. Certainly he we all know how passionate he

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<v Speaker 1>is about the border wall, So if another judge gets

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<v Speaker 1>in his way, you know, all bets are off. On Twitter,

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<v Speaker 1>card Cake, can you describe the number of lawsuits that

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<v Speaker 1>Bassara has been filing and California's basic attempt to confront

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<v Speaker 1>the Trump administration and its agenda. The California Resistance, as

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<v Speaker 1>as they dubbed it, sort of got off to a

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<v Speaker 1>slow start. Aside from the travel Band, which California didn't

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<v Speaker 1>actually take a leading role in, it had been rather quiet.

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<v Speaker 1>It wasn't until the DOCCA issue re emerged a couple

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<v Speaker 1>of weeks ago, when Attorney General Sessions announced its phasing

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<v Speaker 1>out over the next six months, that California and howvir

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<v Speaker 1>Besa really got into gear. He's campaigning for two thousand

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<v Speaker 1>and eighteen election. He was appointed by Governor Jerry Brown

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<v Speaker 1>in December, so he's campaigning now and now it seems

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<v Speaker 1>to the issues that are are central to California politics

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<v Speaker 1>are becoming national issues. Um that's mostly immigration and border securities.

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<v Speaker 1>So data and the wall are are right in his wheelhouse.

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<v Speaker 1>So we're seeing the Bassarra office becoming more proactive and

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<v Speaker 1>California as a whole, legislatively is becoming more proactive. You

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<v Speaker 1>have a couple of bills in Sacramento, one that would

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<v Speaker 1>make California sanctuary state, and the other that would require

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<v Speaker 1>any presidential candidates who wish to get on California ballot

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<v Speaker 1>to declare their tax records for last five years. Uh,

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<v Speaker 1>we'll have to stop their car card. But we're gonna

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<v Speaker 1>have plenty to talk about about California, especially if it

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<v Speaker 1>decides to secede from the Union, as the case maybe