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Iconic Fashion Designer Karl Lagerfeld Dies At 85; Senator Bernie Sanders Launches Second Presidential Campaign; McCabe: We Had Information Trump "Might Be A Threat". Aired 10-10:30a ET

Aired February 19, 2019 - 10:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[10:00:00]

JIM SCIUTTO, CNN ANCHOR AND CHIEF NATIONAL SECURITY CORRESPONDENT: -- was the creative director for luxury brands, such as Chanel and Fendi. His dark glasses, silver ponytail, fingerless gloves, made him one of the most recognizable men in fashion. There he is there.

Questions about his health began after he missed a fashion show early last month. Karl Lagerfeld was 85-years-old.

Top of the hour this Tuesday morning. I'm Jim Sciutto in Washington this morning. An already crowded field. Democratic presidential hopefuls is bigger by one, and it's a big name indeed.

Bernie Sanders, second-place finisher in the 2016 Democratic race, says that in 2019, his so-called radical progressive ideas are now in the mainstream in the party. But in an interview with CBS, he says that he is not running merely to set the agenda.

(BEGIN VIDEO CLIP)

JOHN DICKERSON, CBS CO-HOST, "THIS MORNING": Senator Sanders, you're going to run for president?

SEN. BERNIE SANDERS, (I)-VERMONT: I am going to run for president, that's correct.

DICKERSON: What's going to be different this time?

SANDERS: We're going to win.

(END VIDEO CLIP)

SCIUTTO: That's quite a prediction there. Also ona morning TV, former Acting FBI Director, Andrew McCabe, revealing that the FBI feared President Trump himself might be a threat to national security. We're going to have much more on that important story in just a moment.

But we begin with Sanders. In next year's election, the Sanders factor. Our Ryan Nobles joins me now with that. You're covering this campaign. What's the level of excitement?

(BEGIN VIDEO TAPE) RYAN NOBLES, CNN WASHINGSTON CORRESPONDENT: Well, I think Jim that sound byte you played earlier from Bernie Sanders, is a key part of his decision to run this time around. And there was quite a bit of deliberation within the Sanders camp as to whether, or not he would make another run for president.

TEXT: WHO IS BERNIE SANDERS? Independent Senator of Vermont since 2007. Lost 2016 Democratic presidential nomination to Hillary Clinton. Architect of "Medicare For All". 77 years old.

NOBLES: And the calculation that Bernie Sanders had to make for himself was whether, or not he believed he could beat Donald Trump. He said he was not going to get in unless he thought he could do that.

He's decided that he can. And, of course, this situation is going to be much different for Bernie Sanders than it was four years ago.

Many of these progressive issues that really made him a political superstar four years ago have now been adopted by many of these Democratic candidates. In many ways, it's become the price of entry into this Democratic field.

Earlier this morning on CBS, Sanders responded to the fact that so many of his fellow Democrats have joined him in this fight for these progressive issues. But he wants to remind voters that he got there first.

(BEGIN VIDEO CLIP)

SANDERS: In 2016, many of the ideas that I talked about, Medicare for all, raising the minimum wage to $15 an hour, making public colleges and universities tuition-free, all of those ideas, people was, oh Bernie, they're so radical, they are extreme. American people just won't accept those ideas.

Well, you know what's happened that over three years? All of those ideas, and many more, are now part of the political mainstream.

(END VIDEO CLIP)

NOBLES: And there's no doubt that Bernie Sanders is a political superstar. He regularly pulls in the top five of Democratic candidates.

But he also has some issues to contend with. He has a serious problem with African-American voters. An issue that he's already attempted to solve by visiting South Carolina.

And, of course, Jimmy, has this issue of sexual harassment allegations against his 2016 campaign. He's already met with some of his former staffers that have accused the campaign of that.

He said he's going to address it and fix it. My sense is, from many of the folks that I've talked to, many of them accusers, they want him to solve this problem. And they want to give him this space to make things better. (END VIDEO TAPE)

SCIUTTO: Those staffers accused of harassment, are they still with his campaign?

NOBLES: In some cases they are. In some cases they aren't. He's still building out much of his campaign infrastructure. But even if they are not necessarily working for Bernie Sanders anymore, some of them that I spoke to said they still want to see him in this race, and many of them would like to see him win the nomination.

SCIUTTO: Ryan Nobles, thanks very much.

Let's discuss now with Jess McIntosh. She's former Director of Communications Outreach for the Hillary Clinton campaign, and Harry Enten, CNN Senior Political Writer and Analyst.

Harry, if I could start with you. You're a numbers guy. Bernie Sanders, in 2016, he had something of an advantage, right? He was really the only plan B, or option B for Democrats.

Now, it's a very crowded field. What's the momentum like behind -- ? It is there a strong appetite for a Sanders candidacy.

HARRY ENTEN, CNN SENIOR POLITICAL WRITER AND ANALYST: Well, I mean, if you look at the polls, he's in second place right now to Joe Biden. He's polling at about 16 percent of the votes.

So clearly, there is some momentum, some appetite for that candidacy. Of course, I'll point out he won about 42 percent, or 43 percent of the Democratic National primary vote last time around.

So he's significantly lower than that. But he has a high net favorability. It's second to Biden in the field.

But again it is a much more crowded field. And given the sort of back- and-forth that he had with Hillary Clinton last time around, I'm not sure that those people who backed her are going to be so eager to back him.

And, of course, if you don't get any Hillary Clinton supporters in your camp, it's going to be very, very difficult to win if you're Bernie Sanders.

SCIUTTO: Jess McIntosh, Bernie Sanders is right that many of the positions he staked out in 2016, that it time seemed outliers on the left, universal health care, discussions of free college, etc. That have become very popular.

[10:05:00]

SCIUTTO: And you're hearing those positions echoed by several of the more progressive candidates already announced for this race. I wonder from your perspective, is that good for the Democratic Party, particularly in what is their primary goal, which is to beat Donald Trump? JESS MCINTOSH, FORMER DIRECTOR OF COMMUNICATIONS OUTREACH FOR THE HILLARY CLINTON CAMPAIGN: I think it it's absolutely good. I think for a long time, the progressive base has been slightly more progressive than the leadership of the party, or the media was willing to grant that it was.

Bernie's candidacy brought some of those issues to the forefront . he's not the only one to have proposed them in the past. I think the fact that he's running against a very progressive field -

We've known for a long time where Elizabeth Warren was on issues of income inequality. I think it's going to be a really solid debate, and I think it's going to be a very, very clear contrast to what's happening on the Republican side with Donald Trump.

SCIUTTO: Harry Enten, though, you know, the word socialist is already an attack line for President Trump and his supporters. We noted that Kamala Harris, in her first visit to New Hampshire over the weekend, met a point to say that she herself is not a Democratic Socialist.

As far as voters are concerned, is their appetite for that in a primary, but more crucially in a general election.

ENTEN: I think a general election, no. I mean, Fox News had a poll out last week that showed that capitalism rated much higher than socialism. In a Democratic primary, I think it's less of a bad thing.

But I should point out, although the Democratic primary is becoming -- primary electorate is becoming more and more liberal, still about 50 percent of the primary electorate identifies itself as either moderate or conservative.

I think Senator Harris was playing to that with her saying she's not in fact a Democratic Socialist. I think that Bernie Sanders, on the other hand, I don't think he particularly cares.

He is who he is, and that will play very, very well with the progressive price that is growing. But if he isn't able to make inroads with moderate and conservative Democrats, then it could be a tough road to hold for him.

SCIUTTO: Jess McIntosh, CNN, of course, had a town hall with with another entrance to the race, Amy Klobuchar. Who, like Kamala Harris, is trying to stake out more centrist positions. Listen to what Klobuchar answered to our Don Lemon yesterday on some of these key issues. Have a listen.

(BEGIN VIDEOTAPE)

DON LEMON, CNN NEWS ANCHOR AND HOST OF "CNN TONIGHT": So, no Medicare for All?

SEN. AMY KLOBUCHAR, (D)-MINNESOTA: It could be a possibility in the future. I'm just looking at something that will work now.

LEMON: Yes or no? Would you support free college for all? KLOBUCHAR: I am not for free four-year college for all, no. I think that they are aspirations. I think we can get close. I don't think we are going to get rid of entire industries in the US.

LEMON: What are those aspirations?

(END VIDEOTAPE)

SCIUTTO: Jess, why isn't that a reasonable point to make? Our colleague, Jeff Zeleny, had a good piece today, saying that Klobuchar is willing to say no to Democratic primary voters. That not all of this stuff is frankly possible.

MCINTOSH: I mean, I think that is a reasonable argument to make. I think she's going to make it. I've worked in Minnesota politics for a while, and they they just love her there.

If she can do nationally what she's done in Minnesota, which is those like a real one-on-one conversations with communities, I think she's going to be a very successful top-tier candidate.

TEXT: WHO IS AMY KLOBUCHAR? Democratic Senator of Minnesota since 2007. Won 2006 election with 58% of vote. Won re-election in 2012 with 65% of vote. Won re-election in 2018 with 60% of vote. Announced presidential bid on February 10th. 58 years old.

MCINTOSH: But up until now, she hasn't really been leading on the progressive issues that seem to be making this party tick. Like Medicare for All, like reducing the cost of college, like some issues of race and gender equality.

I think I'm glad weirdly, that we're going to have a contest this long, because it gives candidates the opportunity to really stake out their positions. I don't think there is anything wrong with one of them saying that they don't think that this is anything more than an aspiration.

But I think when you contrast that today with like Elizabeth Warren putting out her $70 billion Affordable Day Care Plan that would cost just about as much as we sort of line-item in the Pentagon budget, we can actually do a lot more with progressive policies than I think the moderate middle has been giving us credit for.

SCIUTTO: One name, Harry Enten, before we go. Who has not thrown his hat into the ring is former Vice President Joe Biden, who is, when you show those figures as to who has the most support, it's Joe Biden. Yet he hasn't announced.

You hear of concerns that his family might have for him running now. Does this delay weaken him as a candidate?

TEXT: SUPPORT FOR 2020 DEMOCRATIC NOMINATION. JOE BIDEN 29%. BERNIE SANDERS 16%. KAMALA HARRIS 11%. ELIZABETH WARREN 8%. BETO O'ROURKE 7%.

ENTEN: I mean, it could, right? I mean if top-tier staff is getting eaten up by the other candidates in the early states it could. But I think Joe Biden has an ability to stay back a little bit longer, because everybody already knows who he is.

Name recognition is not a problem for him like it is for other candidates. As soon as Joe Biden gets in the race he would be the front-runner from that day forward.

Of course, those polls may merely be an indication that he's just very well-known. It may all be about name recognition.

I think Joe Biden has a fear of losing. He doesn't want to run for president again . He's already run twice before and lost.

And I can't guarantee if he jumped in the race right now that he wouldn't lose. And once he got in the race that name recognition might not do very much for him.

SCIUTTO: Jess McIntosh, Harry Enten, thanks very much.

Other news we're following this hour. Former Acting FBI Director, Andrew McCabe, confirming this morning that the FBI viewed President Trump himself potentially as a threat to US national security, prompting a counterintelligence investigation into the president.

(BEGIN VIDEO CLIP)

SAVANNAH GUTHRIE, NBC NEWS CORRESPONDENT: Did you order a counterintelligence investigation into the president?

ANDREW MCCABE, FORMER ACTING FBI DIRECTOR: I did.

(END VIDEO CLIP)

[10:10:00]

(BEGIN VIDEO CLIP)

GUTHRIE: Is that tantamount to saying you felt there was reason to suspect that he was a national security threat? Is that what that means?

MCCABE: It is saying that we had information that led us to believe that there might be a threat to national security. In this case that the president himself might, in fact, be a threat to the United States national security.

(END VIDEO CLIP)

SCIUTTO: Take a moment to digest those words. The bureau concerned the president himself a threat. CNN Justice Correspondent, Evan Perez, here with me now.

Evan, you're hearing a lot of this charge now, that this was an attempted bureaucratic coup. And yet, this is not the first time that congressional leaders, including Republicans, heard about this. McCabe made clear.

EVAN PEREZ, CNN SENIOR JUSTIC CORRESPONDENT: Right. Exactly. So this was a coup, which Rudy Giuliani, and some of the supporters of the president claim then.

This was the strangest kind of coup, because it was briefed according to McCabe to the bipartisan leaders. The Gang of Eight. Listen to McCabe talk about this, this morning.

(BEGIN VIDEO CLIP)

MCCABE: This was a recommendation that came to me for my team. I reviewed it with our lawyers. I discussed it at length with the Attorney General.

GUTHRIE: Did you tell Congress?

MCCABE: And I told Congress what we had done.

GUTHRIE: Did anyone object?

MCCABE: That's the important part here, Savannah. No one objected, not on legal grounds, not on constitutional grounds, and not based on the facts.

(END VIDEO CLIP)

PEREZ: And that would have been the time obviously to object to this investigation if they had a problem with it. And obviously, that was at an early time. So it is interesting to, sort of, have the perspective of the distance of time.

SCIUTTO: The other issue, of course, is revelations from this book, or these discussions of using the 25th amendment possibly --

PEREZ: Right.

SCIUTTO: -- to move this president. You've had public disagreement, it seems, between Rod Rosenstein's account of events, and how serious they were in Andrew McCabe's. Has that been cleared up at all?

PEREZ: Well, I think there's still disagreement, right? It's not clear whether McCabe, whether Rosenstein was joking. Certainly that seems to be --

SCIUTTO: His position.

PEREZ: -- that seems to be his position. McCabe seems to say that it was taking a lot more seriously. It's interesting that it's not in McCabe's book.

SCIUTTO: Right.

PEREZ: So that's an interesting point here.

SCIUTTO: Did you see any from Scott Pelley's characterization of his comments?

PEREZ: Right. Exactly. And also from the New York Times, which first reported it last year. Look, Rosenstein is on his way out. He has been telling people that he's going to leave probably mid-March, which is a bit of an indicator.

I think that perhaps the Mueller Investigation is coming to an end That, we believe, was something that he was was keeping an eye on. He wanted to make sure before he left that the investigation was in a safe place. That it was either done or nearly done.

SCIUTTO: So, Roger Stone. Here we are talking about him again. But but for an important reason, because he made a social media posting.

PEREZ: Right.

SCIUTTO: That was disturbing at a minimum, possibly alarming, targeting the judge in his case. Even having a kind of crosshairs in that posting. But now he's singing something of a different tune.

PEREZ: That's right. I mean, if you look at that at that posting, he has a picture of the judge. Look, this is the kind of thing that the US marshals will take very, very seriously. Prosecutors would look at this extremely seriously.

I mean, this might require her to have additional security now, because of, you never know what people might do. And Roger Stone has now taken this back.

He's apologized to the judge. I think he issued a statement saying that this is something that's been misinterpreted. That those were not crosshairs, and it was not in any way meant to threaten the judge.

TEXT: "I disagree that it had a cross hair or was meant anyway to threaten the judge. It was a random photo selected from the internet. It was posted by one of the volunteers. Roger Stone statement.

PEREZ: He says that a volunteer took a random photograph from the Internet, and put it up on this social media post. But the bottomline is, that he's not happy that this is the judge, Amy Berman Jackson, who has been overseeing the Manafort case. And a very tough judge in that case. He's not happy that she is overseeing his case.

I don't think he has much of a choice. I mean this is not something that's going to change anything. And certainly, doing a social media post like this.

SCIUTTO: Yes.

PEREZ: It's not going to help him in any way.

SCIUTTO: In your experience, do judges like being targeted publicly?

PEREZ: They do not like it. They do not like it, and I think Roger might might see the consequences of that.

SCIUTTO: Evan Perez, thanks very much.

You can hear more from the former Acting FBI Director, Andrew McCabe. He's going to join our colleague, Anderson Cooper, tonight 8 o'clock Eastern Time, right here on CNN. We're gonna dig deeper into McCabe's comments as well in just a moment.

Plus, more than a dozen Attorneys General have now filed a lawsuit fighting to block the president's declaration of a national emergency. We're gonna speak to one of those Attorneys General. That's coming up.

And a stunning new admission from the Vatican saying that it maintains secret guidelines for priests who father children. We're going to be live from Rome on that news.

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SCIUTTO: Former Acting Director of the FBI, Andrew McCabe, is pushing back against President Trump's repeated attacks on the Bureau, and McCabe himself, shooting down the suggestion that the FBI's judgment is clouded over the firing of former FBI Director, James Comey. He tells The Atlantic --

TEXT: The fact is, we were building to this point four months before Jim was fired. We had several cases already open under the umbrella investigation of the Russia case... and the concern about the president and whether or not he posed a national-security threat that we should be investigating have been building for some time." Andrew McCabe, Former Acting FBI Director.

SCIUTTO: For some perspective here, someone with some experience inside the FBI, Josh Campbell, former FBI Supervisory Special Agent. Josh good to have you on this morning.

I want to ask you this, because this goes to an essential question here, because you have the president, and his supporters, now describing this as a coup, an attempted coup inside the government.

And McCabe saying no, listen, we had evidence here. The bureau did, at least, to investigate whether the president was somehow involved in Russian interference and this case was building for months.

For someone, who was inside the FBI, what kind of evidence would the FBI need to take this step of investigating. And again, I should emphasize, the president's possible involvement.

JOSH CAMPBELL, FORMER SUPERVISORY SPECIAL AGENT WITH THE US FEDERAL BUREAU OF INVESTIGATION: Yes. And as you mentioned this was very much evidence based.

[10:20:00]

CAMPBELL: And I think that you know if the FBI was plotting a coup, then they're terrible at coup plotting, because as you mentioned, they went through the steps of, you know, checking the boxes, ensuring that other agents, or other branches of government were informed about what they were doing. And I think that, you know, I've long believed that the antidote to this absurd deep state, witch hunt, coup d'etat prattles the truth. That's the facts, and the more we learned about how the FBI conducted this investigation, the more we see that they did things by the book.

You know, as you mentioned, as Andy McCabe mentions in his book, that you know, Congress was brief. You have an independent branch of government. All the legal process, all the search warrants throughout these investigations were reviewed and signed off on by judges. Part of an independent branch of government.

Now, that doesn't mean that the FBI was pure here. Obviously there was wrongdoing found by employees inside. We know the two employees who were texting, you know, terrible messages to each other.

McCabe himself has credibility issues as cited by the Inspector General. But the notion that the entire organization was plotting as part of some deep state, you know, a coup d'etat is, just simple lunacy.

And I think the White House knows that. But that's essentially their only play, trying to undermine the investigators.

SCIUTTO: Let me ask you this, because as you note there, McCabe says that the FBI alerted the so-called Gang of Eight these. These are the chairmen, both Republican and Democrat, ranking members of relevant committees on the Hill, who would be briefed on this kind of intelligence.

And, of course, Republicans, both Houses were controlled by Republicans then. So a lot of Republicans in the Gang of Eight. Would the Gang of Eight have had an opportunity there to say to the FBI, no, not a good idea, we don't think you should go down this path.

In other words, was that just a courtesy? We're letting you know, or was it -- does it also give them an opportunity to challenge the distance to which the FBI was going to investigate the president?

CAMPBELL: So there's always the opportunity for feedback. And if you think about a lot of the typical Gang of Eight briefings, where you have an agency that feels that there are overseers and Congress need to know something. Oftentimes it's one way they provide information.

We're doing X, we're doing Y. We want to keep you informed. A lot of this is, you know, standard operating procedure about operations in government. But oftentimes, there is a back-and-forth.

The members of Congress have the opportunity to ask questions. In this case, you know, they have you know staff. And in certain instances, as well, that can ask questions and give feedback.

And because this is behind closed doors, you don't have cameras on, you don't have the grandstanding. So it allows for a very robust conversation. And if any member of Congress in that briefing had had a concern they would have addressed it, you know, at that point, or later on for that matter, you know, perhaps in a follow-up asking for a meeting.

Hey, I have concerns about this. The more I thought about it I really have concerns. None of that happened. And that should -- that's very telling for all of us.

SCIUTTO: Josh Campbell, thanks very much.

CAMPBELL: Thank you.

SCIUTTO: I'm joined now by the former Republican Governor of Ohio, John Kasich. Governor, thanks for joining us this morning.

JOHN KASICH, FORMER REPUBLICAN GOVER OF OHIO: You're welcome.

SCIUTTO: So first, let's start on on this allegation that the FBI was attempting a coup here. In his new role as the Chairman of the Senate Judiciary Committee, Lindsey Graham, is saying he wants to have hearings on whether McCabe attempted a "bureaucratic coup" here.

Based on the information you've seen, do you see evidence of a coup attempt?

KASICH: I'm sort of a -- Jim, I'm sort of a traditionalist. You know, I just could imagine that room, by the way. The FBI comes in, and there are a number of leaders in the Congress, of both parties, that are sitting around listening.

And, you know, members of Congress who are leadership on the Intelligence Committee. They're not potted plants. They just don't sit there and take things. I could just imagine if I were in a meeting like that, and being on the Armed Services Committee, I sat in some meetings that were, you know, highly classified.

You have an opportunity to ask questions and push back. Now, if I were to just put myself in that room, and let's just say they were talking about investigating, you know, Bill Clinton or Barack Obama. Even though they're Democrats, I was a Republican, this is a very serious matter.

This is something that I mean, gravity, it falls the President of the United States, and a lot of accusations. What would be interesting to find out is, if any of those leaders registered a concern. And the fact that Lindsey Graham wants to have some, sort of, hearings let him go ahead and have it.

At the end of the day, of course, with all the discussion, everything that's circling around, Robert Mueller has control of all this information. And I think at the end, that's why it's so important that there is a full release.

SCIUTTO: Right.

KASICH: I mean, we don't want to violate any national security issues. But as full a release as we can see.

SCIUTTO: Let me ask you this as well, because another revelation from his book, McCade, that caught our attention is, McCabe saying that the president took the word of Vladimir Putin over the judgement of US intelligence agencies on North Korea missile capabilities.

When the US IC told him that they launched an intercontinental ballistic missile, he said, no, I know, Putin told me that's not true, and I believe him. I mean, you know, that fits a pattern frankly, because as you know, the president accepted Putin's word on election interference in that famous Helsinki news conference here.

[10:25:00]

SCIUTTO: Why aren't more Republican willing to express alarm?

KASICH: Well, I really don't know. I think that when you see the intelligence community that goes before the Congress, and they testify, and you can see how frustrated -- As I remember Dan Coats was, sort of, apoplectic about some things, and uttered some things that, you know, may have gotten them in trouble, or fired, or whatever.

I mean, the intelligence community comes to see you. And we had lots of briefings about so many defense issues back when I was there you take it seriously. You know, that doesn't mean you just accept what they tell you.

But the intelligence you can't just dismiss it. You can't ignore it, and frankly, it's really, kind of, hard for me to believe, inconceivable, that we listen to our number-one adversary to tell us what the national security implications are.

It's, you know, I don't know what to tell you other than -- t's probably beyond -- I live in wonderment sometimes of the things that I see.

SCIUTTO: You mentioned Dan Coats there, and you heard from Chris Ruddy, the CEO of Newsmax, who we know the president speaks to at times, saying that Coats might be in trouble. That the president was not happy that Coats, in those hearings on the Hill, contradicted the president on a number of threats.

And I wonder, this would not be the first time we saw an adviser to this president shown the door, because of agreement with the president.

KASICH: Yes.

SCIUTTO: But that's the US intelligence community findings. I mean, would that be an insult to the intelligence community at large?

KASICH: Well, yes, sure. I mean, look, let's just say that a president has a right to disagree, but will explain himself fully. And in my opinion show respect to the intelligence community.

Now, I know Dan Coats. I used to serve in the House with him. He was a senator. I've known him for a long time. Let me tell you something, Dan Coats doesn't care if they show him the door. He has nothing to lose. He's been successful in life. He's been

successful as a businessman. He's been successful as a politician. He's going to call on the way, seize him. But he's also a very, sort of, low-key guy.

And so, he doesn't look forward to any kind of a dispute, or a fight with somebody, particularly the president United States. But you're not going to push him to do something that he doesn't want to do.

And look, we have a summit coming up very soon that involves North Korea. We got to be very careful on this. We've got to make sure that people don't come out and declare success when there really isn't the kind of success we would all like.

And what we do know, Jim, when we also listen to people who have studied this, the North Koreans are continuing to produce, fish out material that can be used to actually -- be able to build more bombs. So the involvement of the intelligence community, in terms of the state of play there, it's absolutely essential when you enter into a summit.

I'm glad we're going to talk. I'm glad we're going to have discussions. But you just don't go in there, and do it from the seat of your pants.

SCIUTTO: We're going be watching that summit very closely. Governor John Kasich, thanks very much.

KASICH: Thank you, Jim.

SCIUTTO: Straight ahead, one of the 16 state Attorneys General suing President Trump joins me live. Why he says the president is breaking the law by declaring a national emergency.

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