Schiff: Trump's threat to declare national emergency a 'non-starter'

Top House Democrat Adam SchiffAdam Bennett SchiffDebate builds over making Mueller report public Media reliability questioned over report Trump directed lies to Congress Giuliani defends Trump going after Cohen's father-in-law MORE (D-Calif.) on Sunday said President TrumpDonald John TrumpTrump claims media 'smeared' students involved in encounter with Native American man Al Sharpton criticizes Trump’s ‘secret’ visit to MLK monument Gillibrand cites spirituality in 2020 fight against Trump’s ‘dark’ values MORE "doesn't have the power" to declare a national emergency over the border.

"So that's a non-starter," the incoming House Intelligence Committee chairman told CNN's "State of the Union."

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Trump since Friday has been threatening to declare a national emergency in order to build a wall along the southern U.S. border.

"I may decide a national emergency depending on what happens over the next few days," Trump told reporters on Sunday.

Senate Minority Whip Dick DurbinRichard (Dick) Joseph DurbinGraham angers Dems by digging into Clinton, Obama controversies Blagojevich's wife 'speechless' that officer's sentence less than half of husband's Trump pitches new plan to reopen government amid Dem pushback MORE (D-Ill.) on Sunday also warned of a legal challenge if Trump bypasses Congress and declares a national emergency to have a wall built.

“I can just tell you, I don’t know what he’s basing this on, but he’s faced so many lawsuits when he ignores the law and ignores tradition and precedent and just goes forward without any concern,” Durbin said on CBS’s “Face the Nation.”

“He’ll face a challenge, I’m sure, if he oversteps what the law requires when it comes to his responsibility as commander in chief,” Durbin added.

Sunday is the 16th day of the ongoing partial government shutdown, which resulted from a standoff between Trump's request for $5.7 billion to fund border security, including a wall or border barrier, and Democrats' refusal to fund a border wall.

"We have to build the wall or we have to build the barrier," Trump said Sunday. "The barrier or the wall can be of steel instead of concrete if that works better."

— Michael Burke contributed to this report, which was updated at 10:53 a.m.