
CNN’s Abby Phillip delivered a sharp constitutional lesson Thursday night as she stopped Republican strategist Scott Jennings in his tracks after he insisted that it was the president who has the power to declare war under the U.S. Constitution.
The tense on-air moment unfolded on CNN’s “NewsNight” as the panel discussed President Donald Trump’s hardline immigration policies and efforts to address the southern border. Jennings, a staunch defender of the MAGA administration, suggested that federal judges were interfering with Trump’s ability to act as commander in chief.
“If what you're essentially saying is that the president, who is the commander in chief, cannot determine when we are being invaded, an individual district court judge is going to decide that,” Jennings said. “No, thank you.”
That’s when Phillip stepped in to press Jennings: “Can I just ask a simple question? Who gets to decide whether the United States is at war?”
“The president in my opinion,” Jennings immediately shot back.
“No, no, no, no,” Phillip said as she cut in. “Actually…Scott, Scott, no. It’s actually the Congress.”
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Jennings continued to stand firm, saying that he wants “the commander in chief to know if we’re being invaded.”
“You’re asking if we’re being invaded,” he told Phillip. “You want to call Congress and see if we’re being invaded? We’ll be taken over before they ever get to the committee room.”
Phillip clarified that she was asking “a basic constitutional question.”