MSNBC "The Rachel Maddow Show" - Transcript: Interview with Rep. John Garamendi

Interview

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MADDOW:  As of this hour, both the House and Senate have now passed a bill to keep the government from shutting down tomorrow.  We are told by the White House to expect that the president will sign that bill but then he will also declare a national emergency to try and end-run around Congress, in which he`ll just take the funds he needs to build a border wall, maybe from the money that Congress has appropriated to the military for other purposes or from money that Congress has appropriated for disaster relief. 
 
In light of that news today, it`s hard not to wonder whether Democratic Congressman John Garamendi has a bit of a crystal ball.  Forty-eight hours ago, Congressman Garamendi introduced legislation that would block president Trump from raiding funds otherwise put away for disaster relief, the kind of disaster relief for instance that his state, California, relies on to fight wildfires and floods.  That was two days ago. 
 
Today, Congressman Garamendi doubled down saying, quote, I introduced legislation this week in anticipation of this news that would prevent the president from doing this.  I am going to fight like hell for it. 
 
Joining us now is Congressman John Garamendi of the great state of California. 
 
Sir, thank you very much for being with us tonight.  I really appreciate it. 
 
REP. JOHN GARAMENDI (D), CALIFORNIA:  Good to be with you, Rachel. 
 
MADDOW:  So, what`s your understanding of the state of play as to the president`s intentions and this proposed state of emergency? 
 
GARAMENDI:  Well, he better take a few moments, I no he doesn`t read, but perhaps someone could read Article I Section 7 and 8 of the Constitution.  The power of appropriation lies with the Congress, not with the president. 
 
If he were trying to do this, he is basically establishing an imperial president, his majesty.  We`re not going to let that happen.  Bottom line, we will not let it happen.
 
Yes, there is a piece of legislation I have in.  It would require his signature so we may not get there, but we`re certainly going to make a statement.  We also have the opportunity to sue on several courses, not just -- not only the question of the authority of the president to do this under the Constitution, but also where`s the emergency?  Is the emergency a bunch of kids and mothers coming to the border to cross legally?  Is that the emergency?  I don`t think so. 
 
And finally, the border crossings are down to the lowest they`ve ever been since 1950, so the emergency issue is not there. 
 
And there is tomorrow.  And there`s the day after tomorrow.  The president`s going to submit his budget.  We`re going to take that under advisement.
 
And I will tell you if he were to do an emergency and rip off fundamental projects that protect the citizens in my communities and in Puerto Rico and in other parts of this nation, he will pay a price ongoing into the future because we do have ultimately the power of the purse. 
 
MADDOW:  If there is to be some sort of formal effort in the Congress to try to block the president from declaring this emergency, if there is some sort of resolution under the Emergency Act that would allow --
 
GARAMENDI:  Yes. 
 
MADDOW:  -- Congress to do this.  Is that the sort of thing that you would expect Republican support or on or do you think this is another issue that Republicans put aside their concerns and decided to stand with the president? 
 
GARAMENDI:  I think it depends on exactly what the president does.  If the president takes $140 million away from the improvement for earthquake safety on Lake Isabella, which is on the river, just 16 miles upstream from a community called Bakersfield, represented by Kevin McCarthy, we might see Kevin McCarthy intensely interested in repealing the authority of the president. 
 
So, it`s kind of local around the nation.  Right now, we believe the president is going to leave the Republicans alone, go after Democratic districts, go after Puerto Rico, which he`s done plenty of effort to try to harm or at least not to help folks in those communities already.  He`s threatened, for example, in the Paradise Fire to force FEMA not to help the victims of the fire.  Fortunately, he didn`t carry through because there was pushback by all of us. 
 
So I think there`s going to be a lot of screaming here if he were to do it.  I`m sure that the issue would come.  I`m not sure how Speaker Pelosi would want to move it.  But clearly, the opportunity of passing a privilege resolution through the House is there. 
 
We also know there`s lawsuits.  I talked to Xavier Becerra, the attorney general in California.  He could add one more lawsuit to the long number he already has and he would have standing because California would be harmed. 
 
MADDOW:  Do you expect, sir, briefly, that if this resolution issue -- sorry, if the emergency declaration issue isn`t settled, if the president is maybe going to put pause on that because of what he`s hearing from you and others, knowing how this would go, being held up in court, do you think that he will the bill anyway to keep the government funded and avert a shutdown tomorrow, even in the emergency matter isn`t settled tonight? 
 
GARAMENDI:  I think he should.  You`ll take a look at the vote that occurred in the Senate.  That`s a veto number well over 83 votes in the Senate for it.  So there could be a veto override.  It would come very, very close in the House and I think we`d override the veto and go forward. 
 
That still leaves him the option of doing the emergency declaration.  So -- but the bottom line of this is that he shouldn`t do it. 
 
In just three weeks, he`s going to issue his budget.  If he thinks the border wall`s necessary, put it in there.  Put the justifications, when, where, how, what it`s going to look like, what it`s going to cost and go through the normal process that has worked very well for this country for over 200 years.  That`s how it ought to be done.  That`s the way the Constitution says it must be done. 
 
MADDOW:  Congressman John Garamendi of California -- sir, thank you so much for being here. 
 
GARAMENDI:  Thank you.  Thank you. 

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