The government is STILL shut down

12:47 p.m. ET, January 10, 2019

What happens at the Defense Department if Trump declares a national emergency

View of a section of the new border fence between Mexico and the US in Mexicali, Baja California state, Mexico on March 10, 2018.
View of a section of the new border fence between Mexico and the US in Mexicali, Baja California state, Mexico on March 10, 2018. (GUILLERMO ARIAS/AFP/Getty Images)

A defense official who follows border wall issues very closely pointed out there are a number of issues the Pentagon and White House must resolve in order to make a possible national emergency declaration workable.

As CNN has reported, the Department of Defense, even without a declaration, is already working to identify the funds that are not yet under contract for military construction projects. 

How they're planning to the fund the wall: Defense Department officials told CNN that the Pentagon is planning a figure of about $2.5 billion in funds they believe they can tap to support construction of a border wall if Trump declares an emergency and orders the military to build a wall. Those funds fall under the "unobligated" pool of funds, which means the funds are earmarked but have no signed contracts signed for spending that money. Anything beyond that would require the cancellation of  existing military construction projects, which might come with costly termination fees.

If Trump wants additional funds from projects that are already in contract, he'd have to cancel projects like a fire station at Quantico, child development at Joint Base Andrews or Navy Seal training facilities improvements for combat training.

The official said one concern is that once the money goes to a wall: How do you get re-funded by Congress for the construction of these other projects so readiness is not impacted?

If a decision is made for a national emergency, the Pentagon will offer different courses of action to proceed.

12:35 p.m. ET, January 10, 2019

Trump is meeting with the Pope's favorite nun in Rio Grande

Sister Norma Pimentel, executive director of a Catholic Charities relief center, greets immigrants recently released from detention through 'catch and release' immigration policy at the centre on June 17, 2018 in McAllen, Texas.
Sister Norma Pimentel, executive director of a Catholic Charities relief center, greets immigrants recently released from detention through 'catch and release' immigration policy at the centre on June 17, 2018 in McAllen, Texas. (LOREN ELLIOTT/AFP/Getty Images)

The "Pope's favorite nun" Sister Norma Pimentel will be participating in roundtable with President Trump in Rio Grande this afternoon, according to her spokesperson.

Pimentel's spokesperson Brenda Riojas Nettles said her message will be: "What it always is, taking care of the people in front of her."

Pimentel wrote an op-ed addressed to Trump on Jan. 9, in which she said “regardless of who we are and where we came from, we remain part of the human family and are called to live in solidarity with one another.”

In 2015, Pope Francis personally thanked Pimentel for her work on the border, saying “I want to thank you."

"And through you to thank all the sisters of religious orders in the US for the work that you have done and that you do in the United States. It's great. I congratulate you. Be courageous. Move forward.”

Then the Pope, 78, said something she could never have imagined: “I'll tell you one other thing. Is it inappropriate for the Pope to say this? I love you all very much.“

12:17 p.m. ET, January 10, 2019

Employee unions are rallying to end the shutdown across the country today

Federal government employee unions, from across all government agencies, are unifying across the US to demand the government shutdown end.

Some of the states with rallies include Ohio, Kentucky, West Virginia, Florida, Utah, Colorado, New York, California, North Carolina, Illinois and Texas.

"These people need a voice," Eric Engle, who's organizing a rally in Parkersburg, West Virginia. "They need a rally like this to be able to come out and publicly say that they will not tolerate being used as pawns in this battle over a wall."

In Denver, hundreds of federal employees, in addition to their friends and families, are expected to rally.

And in Chicago, rallies could become a weekly occurrence (if the shutdown continues).

"We plan on rallying every Thursday until the Trump Shutdown ends," Matt Muchowski, American Federal Government Employee union District 7 officer manager, told CNN.

11:51 a.m. ET, January 10, 2019

White House lawyers prepping legal justification for national emergency

Part of the White House counsel's office review of declaring a national emergency has included laying the groundwork for a legal defense of the move, according to officials familiar with the matter.

That has included advising the President's aides on ramping up talk of the humanitarian and security "crisis" — a characterization that administration lawyers could use later in court to defend a national emergency. The lawyers have suggested the more times the term is used, the more citations they will have in filing a legal defense. 

Trump and others in the White House began using that term more frequently over the past week.

The lawyers are looking for other ways to illustrate that an emergency is underway, recognizing a declaration would be challenged by Democrats. That has also included hosting lawmakers in the Situation Room for talks, a setting that lends to the sense of crisis. 

The counsel's office review of the emergency powers as it relates to the border began in the middle of last week, officials said. Trump said today his legal team has told him he has the "absolute right" to declare an emergency.

11:43 a.m. ET, January 10, 2019

Pelosi: Yesterday's White House meeting was staged so Trump "could walk out"

House Speaker Nancy Pelosi said House Democrats would continue to vote on spending bills next week to reopen shuttered parts of the government.

Talking about yesterday's meeting, Pelosi described Trump as “un-presidential” and accused his team of staging the event.

“I think the meeting was a setup, so he could walk out," Pelosi said.

“I don’t know that the President wants the wall. I think he just wants to debate the wall,” she added.

Asked how the House would respond if Trump declared a national emergency, Pelosi said “let’s see what he does.”

“If and when the President does that, you’ll find out how we would react,” she said, predicting Trump will have problems on his own side of the aisle "for exploiting this situation in a way that enhances his power."

“I don’t think he really wants a solution,” she later added. “I think he loves the distraction.”

11:39 a.m. ET, January 10, 2019

"We aren't bargaining chips": Workers rally against shutdown in New York City

A group of government employees have gathered at the IRS building in New York City to protest the government shutdown.

Many are holding signs. Some of them read....

  • "Let me do my job"
  • "End the shutdown"
  • "Reopen the EPA"
  • "We want to work"
  • "We aren't bargaining chips!"

Watch more:

11:06 a.m. ET, January 10, 2019

Aviation unions and trade associations implore Trump, Pelosi, and McConnell to "act now"

Nearly three dozen major aviation groups, including unions representing airline pilots, air traffic control operators, and air medical operators, have sent President Donald Trump, Speaker Nancy Pelosi, and Majority Leader Mitch McConnell a letter explaining the many ways the shutdown is affecting various aspects of the aviation system, from TSA to FAA to air traffic control.

The letter implores them to “act now” because the shutdown is “hampering our ability to function effectively” and has “inflicted real damage.”

Here's who signed the letter: