Posted on 02/18/2019 5:11:25 AM PST by NewJerseyJoe
(I saw this on a Facebook post):
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WALL RESEARCH • there are only three circuits who might hear a challenge to a Declaration of Emergency, 9th, 5th, and 10th.
But a challenge can only start in a state where wall construction is going up (Texas). While not unanimous, the 5th Circuit in Texas is an R-dominated court.
However, and this is where it gets good, before any court can hear a case it must be "ripe." For ex., DeWine in Ohio has said he will sign the "Heartbeat Bill" and ghoulish Planned Parenthood will challenge that - but Planned Parenthood can't challenge until he actually signs it.
NO CASE VS THE DECLARATION IS RIPE UNTIL THE MONEY IS SPENT.
Our Trump has three pools of money: the authorized $1.375b in the money appropriated for the wall. Trump has also invoked two statutes, 31 U.S.C. section 9705 & 10 U.S.C. section 284 to spend about $3.1 billion. These statutes don't require an emergency declaration.
The third statute is 10 U.S.C. section 2808 with $3.6b which does require an emergency declaration.
The third statute is the only one that can be challenged ... but only when it's "ripe."
That means Trump will first spend the authorized $1.375b, then will spend the statute authorized $3.1b that doesn't require the emergency declaration, and ONLY THEN begin to spend the $3.6b. That expenditure might not come for a year!
In other words, Trump can build $4.475b worth of wall without the Declaration of Emergency kicking in. Only at that point can DemoKKKrats sue.
Of course, they will try. But if this analysis is correct, their challenges will be tossed out because of "ripeness".
And, again, no challenges can be brought in the 9th or 10th Circus until wall building actually starts there.
This is a terrific thought, but I don’t think getting wall done in Texas first saves you from activist judges in the 9th circuit. Their overreach and activism knows no geography.
The injunction will happen this week. He can use the amount appropriated. And he can use the discretionary mil funds. But the full $8billion will be held.
There's nothing lawless about the president using an emergency declaration to make available already appropriated funding for military construction of a border fence. The fence, emergency declaration, and appropriations transfer authority all derive from existing laws.
Congress gave the president authority to declare emergencies via the National Emergencies Act of 1976. Congress authorized the construction of a border fence via the Secure Fence Act of 2006. And it appropriated funding for military construction projects via Public Law 115-244.
There are fair *political* arguments to make against the president using a declaration of emergency to fund border fence construction, but the *legal/constitutional* arguments against it are baseless. POTUS has the authority to do this because Congress repeatedly gave it to him.
There is no new legal or constitutional precedent, given that Bush and Obama used emergency declarations to unilaterally transfer appropriated funds for other purposes at least 18 times during their presidencies.
The WH did not make one executive action today. In reality they made three, only one of which involved an emergency declaration.
First the WH announced they would be funding $601 million in wall construction from the Treasury Forfeiture Fund, relying on 31 U.S.C. § 9705. This does not require an emergency declaration.
Second, the WH announced they would be funding $2.5 billion in wall construction under 10 U.S.C. § 284 (this is MilCon $ for combating drug trafficking). This does not require an emergency declaration.
Finally, the WH announced they would be funding $3.6 billion under 10 U.S.C. § 2808. This money does require an emergency declaration.
According to the WH this money will be spent sequentially so the § 9705 money will be spent first then the § 284 money then the § 2808 money.
So depending on how fast they can begin construction, they will spend over $5 billion (including the $1.3 billion in fencing appropriations) before any of the emergency money is ever tapped
I know virtually nothing about Federal laws but i do know concrete, and i can honestly say this...
Whats missing is actual coverage of wall construction going on right now. Not just one section of razor wire going up but trucks hauling the steel panels or just the beams, the trenching equipment, the cranes, the concrete mixers.
It is happening, the media just doesn’t want to report on it because it makes Trump look good: fulfilling his promises.
If this is true, you have to assume the President would have taken advantage of this years ago, no? The WH has access to all the information and expert advice it needs to decide whether or not to take action.
In the mean time, why not remove the incentives that attract the illegals here in the first place? Where are the fees on money transferred south of the border? Penalties on employers who hire illegals? E-verify?
Plenty can and should have been accomplished while waiting for construction to start.
May I add that congress is absolutely and completely corrupt. God please bless and keep President Trump and his Family safe
1) he wanted Congress to do it legislatively because that would be more popular and lend it more credibility. This is a last-ditch method
2)he wanted to expose the Democrats as the liars, frauds, charlatans that they are. He has succeeded in making them admit they care more about illegals than citizens, that they do not care about the drugs or human trafficking. They have admitted they don't care about the children. It was brilliant how he exposed them. The ads for 2020 wrote themselves!
The rest of what you called for I believe cannot be done with Executive Orders, unless you endorse what Obama did in spending money that was not allocated by the Legislative branch. What Trump is doing is 100% within the laws enacted by Congress.
The court cases will lose.
Keep in mind that the work can be done before having to pay contractors. The contractors could be financing much of the costs.
“he wanted Congress to do it legislatively because that would be more popular and lend it more credibility.”
It sounds like you’re saying the President is/was willing to waste precious time because doing what was ‘popular’ and ‘exposing the Democrats as liars’ is more important than just addressing a crisis situation.
Is that true? Is President Trump more worried about politics than stopping drug/human trafficking and the illegal invasion?
I believe PDJT is more compassionate than that! I believe Donald J. Trump values doing the right thing more than playing politics with the lives of Americans!
Am I wrong?
He had to build the case. He had to give Congress every chance to do the right thing.
I’d say you’re right. Hack Judges have overreached numerous times. I expect the blocking injunction to hit by the end of the week whether it’s “ripe” or not.
Well l hope you are right. I get several “stand with President Trump” messages a week on my phone. It would be nice if just one of these had some video with new WALL construction on new locations. Not fence repair actual wall with concrete using the new design. Maybe its been out there but l’ve not seen any.
The cases will be thrown out because they are not "ripe".
There are videos out there
Trump had a couple
Try this one:
https://www.youtube.com/watch?v=Odnndq_GOUY
https://www.youtube.com/watch?v=xgP1wPCtwa4
It is appropriate to consider taxing money transferred to Methico. But taxing money from the drug cartels being sent to US politicians could also help.
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