SEATTLE — Washington State Attorney General Bob Ferguson announced a suit against President Donald Trump over his approval to divert military funds for the construction of the U.S.-Mexico border wall.
President Trump declared a national emergency in February to expedite funding for the border wall.
At the time of the emergency declaration, the President didn't specify which military projects would be impacted.
The Defense Department announced earlier this month that $89 million in funding for a pier project at Naval Base Kitsap in Bangor would be diverted to build the wall.
"President Trump can't get the funding he wants from Congress, so he's putting Washington at risk to pay for that wall," Ferguson said.
The suit argues that the Trump Administration violated federal law and the Constitution with both the fund diversion and the emergency declaration.
Ferguson cited statute 10 USC 28.08 in one of his arguments. The statute states that money in the Military Construction Budget must go to military construction projects. If those funds are moved or diverted, they must go to other military construction projects.
The border wall does not meet the definition military construction project, Ferguson argued.
Part of Bagnor's critical operational mission is to provide security escort for submarines moving between the base and dive points, according to the Department of Defense.
When making the funding request to Congress, the Department of Defense said if the pier at Bagnor is not provided "full operational capability, the transit protection mission cannot be executed. Nuclear weapon security posture will continue to fall short of DOD directives and requirements."
Eliminating this project will negatively impact military readiness, Ferguson argued.