POLITICS

Attorney General Josh Kaul hasn't joined lawsuit over Donald Trump's border wall declaration, threatens action later

Molly Beck
Milwaukee Journal Sentinel
Attorney General Josh Kaul listens to a speaker at the YMCA of Metropolitan Milwaukee 22nd annual Dr. Martin Luther King Jr. celebration breakfast at the Italian Community Center in Milwaukee.

MADISON - Attorney General Josh Kaul on Tuesday threatened to "take appropriate action" if funding bound for Wisconsin instead goes to pay for a wall along the southern U.S. border as a result of President Donald Trump's emergency declaration.

Kaul did not say he would join a multistate federal lawsuit filed this week challenging Trump's declaration to free up billions to pay for a U.S-Mexico border wall, but Gov. Tony Evers said Tuesday his team is "exploring" the idea. 

In a statement, Kaul said Trump's declaration "is a blatant attempt to circumvent the system of checks and balances prescribed by the United States Constitution" and said he expects the action to be blocked by the courts.

"If it becomes clear that federal funds that should be distributed to Wisconsin will instead be diverted as a result of this manufactured emergency, the Wisconsin Department of Justice will take appropriate action," he said.

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During a Tuesday appearance at Marquette University, Evers noted Trump has acknowledged he didn't need to declare an emergency to secure the funding.

"Where the hell's the emergency, then?" Evers said. 

Sixteen states including Illinois, Michigan and Minnesota sued Trump on Monday over his decision to declare a national emergency to free up funding for his controversial border wall, calling the move "unlawful and unconstitutional."

The states allege in their lawsuit that Trump's emergency declaration exceeds the power of the president and unconstitutionally redirects federal money that Congress had set aside for other purposes. Trump made the declaration on Friday after lawmakers sent him a government funding bill that included $1.4 billion for the wall, far short of the $5.7 billion he initially requested.   

White House officials said they believe they can unlock an additional $6.6 billion through the emergency declaration and other budget maneuvers. The White House believes the money would allow the administration to build at least 234 miles of the border wall, which was a central promise of Trump's 2016 campaign.    

Wisconsin Republicans in December passed a number of laws limiting the power of Kaul and incoming Democratic Gov. Tony Evers, including barring both from withdrawing from federal lawsuits. 

But the action did not prevent Kaul and Evers from joining lawsuits. 

John Fritze of USA TODAY contributed to this report.