Update, February 25, 8:24 pm:

The full text of the letter by 58 former senior national security officials, including those who served in Republican as well as Democratic administrations, is available at vox.com

https://www.vox.com/2019/2/25/18239736/former-officials-protest-national-emergency

Update, February 25, 11:40 am:

The Washington Post reports on February 25 that 58 former senior national security officials are about to issue a statement condemning Trump's Wall "National E
mergency" declaration as having no basis in fact.

My initial comment follows below:

Representative Jerrold Nadler, (D-NY) Chairman of House Judiciary Committee, has wide power to investigate Donald Trump's abuses of power in many different areas, including his white supremacist immigration agenda. Nadler has reportedly been preparing such an investigation, including immigration related issues.

The Hill reports on February 24 that Nadler (who also happens to be my Representative) has called Trump the "greatest threat" to US democracy since the Civil War. See:

https://thehill.com/homenews/sunday-...-threat-to-the

As the same article points out, Nadler would also oversee any impeachment investigation against Trump.

So what is holding Nadler and the other Democratic leaders back from impeachment?

Does anyone seriously think that if Trump gets a pass from an ideologically-driven 5-4 Supreme Court majority, including two of his own hand-picked Justices, on his border Wall "national emergency", (as could very well happen) that this will be the only time he will resort to this step-stone to one man-authoritarian rule?

To the contrary, Trump has made clear over and over again that the Wall is far from being the only immigration issue in which he wants to impose his agenda on utterly non-existent "national security" grounds.

To give just one example, in the same February 16 speech in which he announced his "national emergency" to divert funds to the Wall in violation of the Constitution and the express will of Congress, Trump also condemned two legal immigration vehicles which have nothing to do with either the Wall or the Mexican border - extended family immigration and the Diversity lottery.

Just as he has also done many times in the past, Trump made up entirely imaginary scare stories about the supposed "crime" dangers of allowing these visas, which have been major factors in enabling large scale legal immigration from outside Europe (as well as from Europe itself) during the past several decades, to continue. For example, see WSJ, February 23 2018:

https://www.wsj.com/articles/trump-r...ech-1519410081

Since there is no chance whatsoever that Congress would agree to abolish these legal visas, what would prevent Trump from declaring a "national emergency", based on an utterly delusional "crime" threat from the mainly non-white beneficiaries of these visas - or any other legal immigration program which benefits non European applicants?

And if Trump is allowed to take advantage of a "national emergency" ruse to build a Wall against brown immigrants, what is there to stop him from doing the same thing. for example, in cancelling the 2020 election and declaring himself president for life, as dictators have done in many other countries?

It is obvious that remedies short of impeachment will most likely be ineffective. As mentioned above,the Supreme Court could very possibly uphold the Wall declaration, just as it did with the Muslim Ban, on the grounds, (as another commentator has stated) that the King Can Do No Wrong - also known as expanded presidential power over "national security" - at least when it comes to keeping non-white immigrants out of the US.

Ans what could possibly be a more empty gesture than passing a House Resolution invalidating Trump's Wall "national emergency"? How likely is that to withstand Trump's veto, even if it passes the Senate?

It can be argued that if Trump is impeached in the House, the Senate would never vote to remove him from office anyway. But there would still be an enormous psychological and publicity effect.

It would become impossible to ignore Trump's abuses of power in service of a white supremacist immigration agenda any longer. For an in depth study of possible grounds for impeachment, including immigration-related ones, See Yoni Applebaum, The Atlantic (March Issue):

Impeach Trump Now

https://www.theatlantic.com/mgazine/...-trump/580468/

I will discuss this article, and the topic of how Trump's immigration agenda in general could be grounds for impeachment, further in upcoming comments.

Meanwhile, immigration supporters, and all Americans who care about keeping our democracy, should focus on the fact that impeachment proceedings, even if Trump is not ultimately removed from office, may be the only effective way of saving the US from reverting to the white supremacist immigration policies of a century ago, as the first step to overthrowing our democracy and becoming a "national emergency declaration" dictatorship.

Roger Algase
Attorney at Law