>> and bob bower, as former white house counsel, let's talk theoretically about this threat of declaring national emergency. the president saying he can do this on the border which is arguable. it's not arguable, he can declare a national emergency, but arguable that it is actually a national emergency and also that that would enable him to go around congress and use unappropriated funds or appropriated and discretionary funds from the pentagon budget and have the pentagon build the wall using actually military forces to build the wall, not just the wire that they put down when they were sent to the border in december. how would this work legally? >> you raise an important point with the new legal team at the white house will work here and how it will show in the circumstances. you're quite right. the president can declare any emergency he wants and whether that gives him legal authority on the basis of the declaration of the emergency to do what he's proposing to do here is an entirely different question, and i think congressman smith is quite right. he's going to face a legal challenge

bob bower, a resolutely sober minded and careful law professor and all around establishment figure if ever there was one published a piece yesterday headlined coming to terms with the impeachment process, the case for starting a formal inquiry. it's all the rage on the left, and even the president and gop seem very eager, weirdly, to talk impeachment. one group is not. the democratic leadership in the house, which, at least for now, is trying desperately to hold onto the impeachment reins as tightly as they can. >> it's too early to talk about that intelligently. we have to follow the facts and get the facts and see where the facts lead. maybe that will lead to impeachment, maybe it won't. it's much too early. >> we even talked about that today. i said, why don't you use this for impeachment, and nancy said we're not looking to impeach you. >> you said it would be sad and divisive for the country to pursue impeachment. >> it will be. >> are you willing to rule it out? >> we have to see what happens with the mueller report. we shouldn't be impeaching for a political reason, and we shou