In the latest installment of "Hannity On Air" on Fox Nation, Sean Hannity said that if President Trump declares a national emergency on the southern border, and is challenged in the courts, he will win the case if the Supreme Court "does their job."

"Hannity On Air" is exclusive programming for Fox Nation members, offering an on-demand stream of Hannity’s monologue on his nationally syndicated radio program "The Sean Hannity Show."

Hannity said that Trump can declare a national emergency on the border in order to build a wall or barrier under U.S. Code 284, which governs drug interdiction.

He said that declaring emergencies like this entails what "the role of the commander-in-chief is."


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If any challenge makes it to the Supreme Court, and the justices "take laws passed by the Congress and not rewrite laws... or cite foreign laws as past justices have, then I'm confident the president wins."

Hannity argued that a president has the sworn duty to "protect our borders" and that while any legal challenge to his possible declaration is made, he can continue building the wall as the case makes its way through the courts.

On Tuesday, a bipartisan congressional committee led by Rep. Nita Lowey (D-N.Y.) and Sen. Richard Shelby (R-Ala.) announced a compromise of just over $1 billion of the $5.7 billion Trump insisted be put toward funding border barriers.

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