Gregg Nunziata criticizes “Pre-Textual” invocation of Emergency Powers with the Reagan Caucus Action Podcast

Executive Director Gregg Nunziata recently discussed Unitary Executive Theory with the Reagan Caucus Action Podcast. “By largely principle-free accidents of history the conservative movement grew up more differential to executive power.”  He analyzes the legal premises of the Unitary Executive Theory and evaluates its application during the Trump presidency. Gregg argues that the Administration is declaring emergencies based on their preconceived policy goals, not in response to genuine law enforcement or national security crises. “The President is just declaring emergencies clearly pre-textually, to claim greater powers, and this court and conservatives have been very reluctant to second guess factual determinations of a president.” He urges the Supreme Court to scrutinize the President’s legal arguments in the factual context of his actions. “I don’t think that the unitary executive theory prohibits a court from actually looking at what the executive is doing…. here in almost all of these cases- these purported emergencies- the Trump administration is operating on… they’re clearly not emergencies, they’re clearly pre-textual.”

Watch the full conversation here.