BOLDUAN: We have some breaking news coming in from CNN's Kevin Liptak. He has some reporting coming out from the White House of how the White House Counsel's Office is laying the legal ground for what they are doing to prepare for what would be an anticipated legal challenge if and when the president of the United States used an emergency declaration to go around Congress to get the money to fund the border wall. Let me read you just a little bit of what Kevin put out: "The legal justification would be that would include advising the president's aides on ramping up talk of humanitarian and security crisis, the characterization that administration lawyers could use later in court to defend the national emergency. Trump and others in the White House again using that term more frequently over the past week." Still with me here, Elie Honig, sticking around. Also, the lawyers have suggested the more times the term is used, the more citations they'll have in filing a legal defense. What do you make of this?</s>HONIG: This is what attorneys call making a record. Normal people call it theater. Everything they're doing and saying, they're anticipating, where is this going to fit into our brief when we defend this declaration of national emergency? The use of those phrases, "humanitarian, crisis, security." These are all things that will make their way into the brief. And even, I think, arguably, the Oval Office address and the meeting with congressional leaders --</s>BOLDUAN: Ah.</s>HONIG: -- can all contribute to the sense of, is it a legitimate national emergency? Now the president has really quite broad authority to declare a national emergency. But it will be challenged in court for sure.</s>BOLDUAN: We will see. Now we're learning a little more about what could be coming next. We'll have much more on this breaking news after a quick break.
White House Prepares for Legal Challenge on Emergency Declaration to Build Wall.