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MADDOW: As the government shutdown hits its 18th day as of midnight tonight, the president has announced he plans to give his first ever national address from the Oval Office at 9:00 p.m. Eastern Time tomorrow to talk about the border and the shutdown.
Welcome to 9:00 p.m. Eastern, Mr. President. Come on in. The water`s fine.
As we get ready for that, there`s rising concern that the president might decide that he might even use the speech to announce he`s declaring a national emergency to theoretically set the stage for him to try to reallocate existing resources from the Pentagon to try to rebuild the wall on the southern border, even if Congress won`t appropriate any money for that. Given the legal novelty of that kind approach, the controversy around that kind of approach if the president decides to go that way, what kind of a situation would that put the military in when it came to whether or not to cough up that money and whether or not to assign active duty soldiers to carry out orders related to that? If this emergency declaration from the president were ultimately considered to be illegal, would the actions of U.S. troops or officials who are ordered to carry it out also be illegal acts?
This potential dilemma arrives at a time when things between the White House and the military seem to be hard to figure out. In the immediate aftermath of the resignation of Defense Secretary James Mattis, it was not clear whether there might be an exodus at the Pentagon following him out the door.
Over the weekend, we learned that the chief of staff to Secretary Mattis was resigning, Pentagon chief of staff. But now, "The Wall Street Journal" is reporting that his resignation was not voluntarily. "The Journal" is reporting that Kevin Sweeney did not leave the Pentagon on his own accord. He was forced out.
Quote: The chief of staff for the Pentagon has been forced out of his post by the defense department`s new acting head, said multiple U.S. officials. Sweeney had worked alongside Mattis at several points during his career. Quote: The bond was a source of concern to the White House, U.S. officials said, adding that the appointment of Pat Shanahan as acting secretary by President Trump last month was seen as an opportunity to remove Mr. Sweeney.
Quote: Sweeney had expressed a desire to stay on at the Pentagon as recently as last week. As recently as last week, and they pushed him out. We all expected or anticipated or at least wondered if one of Mattis leaving would be that officers and senior civilian staffers who are running things under Mattis might go in his wake as well.
And we have seen some high level departure since Mattis left but if that`s not the full story, if part of what`s happening now is the White House and the new Trump appointing acting defense secretary, they`re instead going off and picking off people at the Pentagon who are Mattis-like and getting them out of the Pentagon behind Mattis` departure, well, that`s kind of an entirely different dynamic, isn`t it?
Joining us is Congressman Adam Smith, chairman of the House Armed Services Committee.
Congressman Smith, Mr. Chairman, thank you very much for being with us. It`s nice to see you.
REP. ADAM SMITH (D-WA), CHAIRMAN, HOUSE ARMED SERVICES COMMITTEE: Thanks for the chance, Rachel. I appreciate it.
MADDOW: So, "The Wall Street Journal" reports that the Pentagon chief of staff didn`t resign. He was pushed. I wanted to ask your response to that and if you`re at all concerned about senior staffing at the Pentagon in the wake of Secretary Mattis` resignation?
SMITH: Well, I am because I`m concerned about Secretary Mattis departing because -- I mean, we`ve all read the story. He was the adult in the room, right? He could check some of the president`s worst impulses,
obviously not all of them, but Secretary Mattis had so much credibility with the military and our national security and just as a person that his word carried a lot of weight. He has a lot of allies and friends in the Pentagon.
And when Secretary Mattis resigned, he says he could no longer work for President Trump, because he didn`t -- not only not agree with his decisions. So, I think the more important part is he didn`t agree with the way the president made them in such a chaotic, off the top of his head way that were not well thought out and didn`t seem to have any plan behind them.
So the last table people that are at the Pentagon, the more nervous we should all be. Secretary Mattis leaving is a huge blow. But we need to keep as many people there as possible to understand the way things are supposed to work. Clearly, the president does not.
MADDOW: With the government shutdown now becoming the second longest ever and no real end in sight, the president has announced this primetime address to the nation as first from the Oval Office tomorrow night. How serious do you take the sort of crescendo of discussion we`re hearing about the president considering a declaration of an emergency so he can take funds from the Pentagon and essentially use those funds to build his wall or do whatever else he wants to do without Congress appropriating the money to do so?
SMITH: Well, I take it very seriously, precisely because this president is so unpredictable. I mean, he changes his mind depending on who talked to him last or what story is done on Fox News. So, the fact that he might want to do this is a distinct possibility and I think it would be a colossal waste of money for one thing. The building a wall is not even going to help with border security and we don`t have a border security crisis.
So, we`re talking about $5 billion, $6 billion in this dispute that the president has shutdown the government over. But if he`s actually going to build this wall he keeps muttering about, it`s going to cost between $20 billion and $30 billion and if you take that much money out of the Pentagon, and it comes specifically, the emergency clause that he`s referencing would come specifically out of the military construction budget in the Pentagon. This would undermine the readiness of our national security. It would take money away from building the facilities that our troops need to be equipped and prepare for the mission we want to send them
on and spend it on the wall.
And I think the president, you know, we`ve seen, he makes decisions like this all the time. There`s a risk that he could do it and it would be a huge waste of money. Now, I think he`d be subject to a court challenge very quickly. As I understand it, this authority has been used to build things in Iraq and Afghanistan.
Basically, once money is obligated within the Pentagon, the president can`t decide to change it, unless he declares an emergency. So in Iraq and Afghanistan, a few times, the presidents did that because they needed to build something in those places in light of our troop presence there but to do it for a wall on the southern border, where`s the emergency? I think the courts would overturn this quickly except, of course, for the fact that as we all know, the Supreme Court is a rubber stamp for Trump`s agenda and they have forgotten about the fact that they`re supposed to be a judicial branch.
So, there`s a risk they would let him get away with it and a distinct risk that he would do it.
MADDOW: Congressman Adam Smith, new chairman of the House Armed Services Committee -- sir, you have a big weight on your shoulders and a huge responsibility with that new job. Thanks for talking to us tonight. I hope you`ll come back in weeks and months ahead. I know you`ll have a lot on your plate.
SMITH: Anytime. Thanks, Rachel.
MADDOW: Thanks very much. All right. Much more ahead tonight. Stay with us.
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