I don’t think they can override a national emergency order simply due to the fact that it’s an EMERGENCY. Congress and the courts don’t have all the intelligence that the Administration are privy to. A National Emergency should take it out of the realm of politics and into the area of National Command Authority.
<< “ .... and the courts don’t have all the information the Administration is privy to. “ >>
It crossed my mind listening to the Whitaker-personal-inquisition, yesterday, that he as well may have alluded to your premise, in his answer on the drama surrounding the Roger Whatshisname arrest.
He plainly said that the tactics for that arrest are decided at the department and take in other considerations that could not be discussed in an Open hearing. He said he couldn’t compromise “other sources and methods”, or some such, but would be happy to discuss the reason in a closed setting.
Whittaker spoke with confidence and was comfortable in making that statement. ( Notable that No Republican offered, or called for, a closed door setting on that question.) Certainly no Democrats wanted to hear more from Whittaker.
Either that Tactical-laden arrest style, of Roger Stone, was staged to set the predicate for coming arrests (thus, the use of goon squad, CNN), or, possibly the raid was timed to protect Stone from an unknown outside threat, which brings us back to your point, above.
Maybe too intuitive here, but I found that exchange danged near “Breaking News”, and fascinating.
“Things are not Always as they Appear”????
That’s it! We need a class action suit against the border since it willfully and wantonly refuses to protect us.