Fox News host Megyn Kelly of The Kelly File outlined four options on Thursday for Republicans when President Barack Obama takes unilateral action on immigration.
The first option was a lawsuit. Kelly noted that Congress already has one pending; but noted several legal scholars said it could be a “loser”–including former Assistant United States Attorney Andrew McCarthy, who called it “feckless.”
Next was impeachment. Some Republicans, including Rep. Walter Jones (R-North Carolina) and Rep. Joe Barton (R-Texas), have called for the President’s impeachment; but Kelly noted that the political consequences could be dire.
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The third option, Kelly said, was to cut funding for “carry[ing] out the executive order.” Senator Jeff Sessions, who is slated to become the new chairman of the Senate Budget Committee in January, threatened to block funding for any executive order the President issues on immigration, according to The Los Angeles Times.
Lastly, Kelly presented the option of “punish[ing]” the President by blocking judicial nominees. Noted liberal constitutional scholar Jonathan Turley has criticized President Obama in the past for creating a “constitutional crisis.”
Here’s the full transcript:
“Legally the Republicans do have options to thwart President Obama’s executive action, although their choices are limited. Here are a few.
“Number one, they can file a lawsuit to stop it. They already have one, it’s pending now, that claims lawlessness by the President. But many lawyers say this is a loser. Andy McCarthy calls it ‘feckless.’
“Number two, they can impeach the President. A remedy the founders considered ‘indispensable’ to preventing abuses of executive power but a path with huge political risks, that conservatives like [Charles] Krauthammer find too dangerous.
“Number three, they can cut off the funds needed to carry out the executive order. Senator Jeff Sessions, who is about to take over as chairman of the Senate Budget Committee in January, says this is where the GOP will fight back the hardest.
“And number four, they can punish the President another way, by holding up his judicial and other appointments which require Senate approval until he reverses course.
“This and the budget measures are the ones advocated by Krauthammer. All have political risks, which President Obama clearly believes favor his party. But with even liberal legal scholars like Jonathan Turley arguing this President is pushing us toward a constitutional crisis, the public may have the stomach for some push back. Only time will tell.”
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