BUFFALO, N.Y. — He didn't go so far as to make a prediction, but Senate Minority Leader Charles Schumer believes the courts should be on his side regarding President Donald Trump's declaration of a national emergency.

Several times Monday, Schumer referenced the opinion of former Supreme Court Justice and Western New York native Robert Jackson.

"He says the least likely time you're able to call an emergency is when Congress said it wasn't an emergency and didn't send the funds so I think it's going to be a rough road to hoe for President Trump to win in court," he said.
 
Trump is using the emergency in order to divert funds to build a wall along the U.S.-Mexico border. Schumer admitted presidents have used this power often, but he said in the past it has always been in response to a war or disease outbreak.

"The lawyers say the chances of it succeeding are not that great," he said. "I am not an expert on this issue."

At the same time, the minority leader acknowledged there is a problem, specifically with drugs crossing the border. But he said 90 percent of those drugs get through at ports of entry.

"These drug dealers will stop at nothing so I think whatever you think should be on the border, it's the portals that need more help," Schumer said.

He said he still believes fencing and detection devices are the best option.

"We have drones that can tell the difference between a deer and a person as they cross the border," Schumer said. "We have sound devices that can detect anybody walking like a couple miles away and I think those are the things that work best."