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Trump broke the law by using military money for border wall, appeals court rules
LA Times ^ | June 26, 2020 | Maura Dolan

Posted on 06/26/2020 11:50:57 AM PDT by where's_the_Outrage?

A federal appeals court decided 2-1 Friday that the Trump administration violated the law when it used military funds to build a wall on the Mexican border.

The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money. Two Democratic appointees were in the majority. A Trump appointee dissented.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Mexico; US: California
KEYWORDS: 3judgepanel; 9thcircuit; 9thcircus; aliens; border; borderwall; buildthewall; danielcollins; danielpcollins; illegals; judiciary; kimmclanewardlaw; ninthcircuit; ninthcircus; politicaljudiciary; rapinbilljudge; sidneythomas; tds; threejudgepanel; trumpjudge; trumpwall; wall
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To: CatOwner

“The left is not going to let up until a vast majority cries “Uncle”.”

The majority cried uncle a long time ago. It’s been a total romp fest for the left the past 4 decades or so.

Give me one cultural battle that we on the right have won.


21 posted on 06/26/2020 12:10:24 PM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you.)
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To: where's_the_Outrage?

As surprisingly mentioned in the MSN article, last summer SCOTUS blocked the district court injunction from using the funds. SCOTUS said they could continue using the money and building the wall pending appeal. Not surprisingly, the 9th Circuit agreed with the District Court so the injunction is on again.

SCOTUS was 4-5 Decision along predictable party lines. (Oh, I forgot; they are non-partisan!) Decent sign they might overrule the 9th, unless Roberts think it will make him look bad. Post-election likely.


22 posted on 06/26/2020 12:11:08 PM PDT by dan on the right
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To: where's_the_Outrage?
How can this be? Below is from July last year. Supreme Court: Trump can use Pentagon funds for border wall

July 27, 2019

WASHINGTON (AP) — The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

The court’s five conservative justices gave the administration the green light on Friday to begin work on four contracts it has awarded using Defense Department money. Funding for the projects had been frozen by lower courts while a lawsuit over the money proceeded. The court’s four liberal justices wouldn’t have allowed construction to start.

The justices’ decision to lift the freeze on the money allows President Donald Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump tweeted after the announcement: “Wow! Big VICTORY on the Wall. The United States Supreme Court overturns lower court injunction, allows Southern Border Wall to proceed. Big WIN for Border Security and the Rule of Law!”

The Supreme Court’s action reverses the decision of a trial court, which initially froze the funds in May, and an appeals court, which kept that freeze in place earlier this month. The freeze had prevented the government from tapping approximately $2.5 billion in Defense Department money to replace existing sections of barrier in Arizona, California and New Mexico with more robust fencing.

The case the Supreme Court ruled in began after the 35-day partial government shutdown that started in December of last year. Trump ended the shutdown in February after Congress gave him approximately $1.4 billion in border wall funding. But the amount was far less than the $5.7 billion he was seeking, and Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money Trump identified includes $3.6 billion from military construction funds, $2.5 billion in Defense Department money and $600 million from the Treasury

https://apnews.com/5d893d388c254c7fa83a1570112ae90e

23 posted on 06/26/2020 12:17:43 PM PDT by billyboy15
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To: where's_the_Outrage?

https://www.trumpwall.construction/


24 posted on 06/26/2020 12:18:25 PM PDT by Jeff Chandler (Father in Heaven, I trust in Your love.)
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To: Bayard

This gets to ‘call it a tax’ Roberts so he can betray us once again,


25 posted on 06/26/2020 12:18:52 PM PDT by Bullish (CNN is what happens when 8th graders run a cable network.)
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To: where's_the_Outrage?

The DoJ solicitor argues that the border wall is a defensive fortification. President is CiC... case closed.


26 posted on 06/26/2020 12:20:11 PM PDT by Tallguy (Facts be d@mned! The narrative must be protected at all costs!)
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To: where's_the_Outrage?

Typical politically partisan decision 2 Dem judges vs 1 Republican judge.
Another appeal to the Supreme Court to overturn the 9th Circuit partisan decision like so many other they have overturned.Rinse and repeat


27 posted on 06/26/2020 12:20:47 PM PDT by chuckee
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To: billyboy15
The Supreme Court cleared the way for the Trump administration to tap billions of dollars in Pentagon funds to build sections of a border wall with Mexico.

Will there be another Writ of Mandamus in our future?

28 posted on 06/26/2020 12:21:26 PM PDT by Tallguy (Facts be d@mned! The narrative must be protected at all costs!)
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To: where's_the_Outrage?

But it was perfectly ok when Secretary of State Hillary Clinton lost $6-billion dollars that was never accounted for.


29 posted on 06/26/2020 12:21:29 PM PDT by Saltmeat (69)
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To: where's_the_Outrage?

en banc?

LOL

WTF ever


30 posted on 06/26/2020 12:21:48 PM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: where's_the_Outrage?

“The U.S. 9th Circuit Court of Appeals said the power of the purse belongs to Congress, and the administration lacked constitutional authority to transfer the military money.”

Yes, and NO. The power of the purse, the power to allocate the money, to open the purse and distribute the money, belongs to Congress. No additional money was allocated by the Executive Branch. The power of the purse was not abrogated or interfered with, in any way.

The money had been already transferred TO the Executive Branch, of which the Defense Department is part. The Executive Branch then took the money they had been allocated, and applied it to the purpose the Executive determined to be the most important and necessary. The purpose of the Defense Department is to defend the country, in this case the borders of the continental United States. Building the Wall is the action serving that purpose. That issue is not and has never been disputed.

What is happening is that the Appeals Court, the Judicial Branch, is violating the constitutional separation of powers, either with their ruling, which abrogates the Executive’s duty and responsibility to make decisions that defend the country, or by falsely granting Congress, the purse holders, with the specific power and responsibility of earmarking the use of or denying such use of the money for a given purpose. That is the Executive’s decision, ultimately and finally.

We are being lied to by leftist jurists, as usual.


31 posted on 06/26/2020 12:24:54 PM PDT by Richard Axtell (So, everything has gone to hell, what did I tell ya?)
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To: Rj Snows

“Just curious wonder where Obama got all that money to give to Iran on the pallets on the private jet”

Have you ever wondered how much of that “cash” was kicked back to obama? Who counted it at the source and the delivery?


32 posted on 06/26/2020 12:26:42 PM PDT by WVNan
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To: Gay State Conservative

Real imporant SHIT to take up and be ruling on iin times like this! With CJ Johnny ‘Boy is my closet full of skeletons’ Roberts on the bench, no way to know how this ends up!


33 posted on 06/26/2020 12:26:57 PM PDT by ldish (2020 Election will determind if USA remains a Consitutional Republic!)
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To: Gay State Conservative
What's the 9th Circus's batting average with SCOTUS? Isn't it something like .125?

I read a while back that something like 94% of the 9th Circuit opinions that made it to SCOTUS were overturned (not a math major so I don't know how that equates to a batting average 😉).

34 posted on 06/26/2020 12:28:14 PM PDT by Fast Moving Angel (The words of the prophets are written on the Facebook walls and tenement halls.)
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To: WVNan
Have you ever wondered how much of that “cash” was kicked back to obama? Who counted it at the source and the delivery?

Maybe that pallet of cash, of OURS, is what's funding these riots/leftist destrucion groups. 😡

35 posted on 06/26/2020 12:28:38 PM PDT by Jane Long (Praise God, from whom ALL blessings flow.)
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To: Vendome

I agree, en banc is the way to go and I believe the newly-constituted 9th Circus could well support the use of the ‘defense’ funds.


36 posted on 06/26/2020 12:28:41 PM PDT by RightGuy
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To: Bayard

It goes to the full 9th Circuit next.


37 posted on 06/26/2020 12:35:17 PM PDT by be-baw
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To: aquila48
“Two Democratic appointees were in the majority. A Trump appointee dissented.”

Say their names.

Rapin Bill "judge" Sidney Thomas and Rapin Bill "judge" Kim McLane Wardlaw out-voted Trump judge Daniel Collins.

Because that's where we're at in this country - Resistance "judges" flipping off the Supreme Court [Supreme Court: Trump can use Pentagon funds for border wall] to impede the governance of the United States.

38 posted on 06/26/2020 12:45:03 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: be-baw; Bayard
Yes, it goes to an 11-judge en banc panel of the Ninth next, and we start out down one - Sidney Thomas, the partisan git who wrote the opinion in this one [because he's chief judge of the Ninth].

Here's the United States Court of Appeals for the Ninth Circuit [as of January 2, 2020]:

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================
Age	Title	Judge	                        Duty station	Born	Term of service	                Appointed by
66	Chief Judge	Sidney R. Thomas	Billings, MT	1953	1996–present      &2014–present	Clinton
70	Circuit Judge	Susan P. Graber	        Portland, OR	1949	1998–present	—	—	Clinton
68	Circuit Judge	M. Margaret McKeown	San Diego, CA	1951	1998–present	—	—	Clinton
65	Circuit Judge	Kim McLane Wardlaw	Pasadena, CA	1954	1998–present	—	—	Clinton
74	Circuit Judge	William A. Fletcher	San Francisco	1945	1998–present	—	—	Clinton
73	Circuit Judge	Ronald M. Gould	        Seattle, WA	1946	1999–present	—	—	Clinton
72	Circuit Judge	Richard Paez	        Pasadena, CA	1947	2000–present	—	—	Clinton
74	Circuit Judge	Marsha S. Berzon	San Francisco	1945	2000–present	—	—	Clinton
67	Circuit Judge	Johnnie B. Rawlinson	Las Vegas, NV	1952	2000–present	—	—	Clinton
69	Circuit Judge	Consuelo Callahan	Sacramento, CA	1950	2003–present	—	—	G.W. Bush
77	Circuit Judge	Milan Smith	        El Segundo, CA	1942	2006–present	—	—	G.W. Bush
65	Circuit Judge	Sandra Segal Ikuta   *	Pasadena, CA	1954	2006–present	—	—	G.W. Bush
59	Circuit Judge	Mary H. Murguia	        Phoenix, AZ	1960	2011–present	—	—	Obama
58	Circuit Judge	Morgan Christen	        Anchorage, AK	1961	2012–present	—	—	Obama
54	Circuit Judge	Jacqueline Nguyen	Pasadena, CA	1965	2012–present	—	—	Obama
52	Circuit Judge	Paul J. Watford	        Pasadena, CA	1967	2012–present	—	—	Obama
72	Circuit Judge	Andrew D. Hurwitz	Phoenix, AZ	1947	2012–present	—	—	Obama
48	Circuit Judge	John B. Owens	        San Diego, CA	1971	2014–present	—	—	Obama
47	Circuit Judge	Michelle Friedland	San Jose, CA	1972	2014–present	—	—	Obama
66	Circuit Judge	Mark J. Bennett	     *  Honolulu, HI	1953	2018–present	—	—	Trump
46	Circuit Judge	Ryan D. Nelson	     *  Idaho Falls, ID	1973	2018–present	—	—	Trump
44	Circuit Judge	Eric D. Miller       *	Seattle, WA	1975	2019–present	—	—	Trump
54	Circuit Judge	Bridget Shelton Bade	Phoenix, AZ	1965	2019–present	—	—	Trump
56	Circuit Judge	Daniel P. Collins    *	Pasadena, CA	1963	2019–present	—	—	Trump
44	Circuit Judge	Kenneth K. Lee	     *  San Diego, CA	1975	2019–present	—	—	Trump
40	Circuit Judge	Daniel Aaron Bress   *	San Francisco	1979	2019–present	—	—	Trump
42	Circuit Judge	Danielle J. Hunsaker *	Portland, OR	1977	2019–present	—	—	Trump
41	Circuit Judge	Patrick J. Bumatay   *	San Diego, CA	1978	beg. 2019	—	—	Trump
47	Circuit Judge	Lawrence VanDyke     * 	Reno, NV	1972	beg. 2020	—	—	Trump

=========================
96	Senior Circuit 	Alfred Goodwin	        Pasadena, CA	1923	1971–1991 	1991–present	Nixon   &1988–1991
91	Senior Circuit 	John Clifford Wallace	San Diego, CA	1928	1972–1996 	1996–present	Nixon   &1991–1996
79	Senior Circuit 	Mary M. Schroeder	Phoenix, AZ	1940	1979–2011 	2011–present	Carter  &2000–2007
89	Senior Circuit 	Joseph Jerome Farris	Seattle, WA	1930	1979–1995	1995–present	Carter
91	Senior Circuit 	Dorothy Wright Nelson	Pasadena, CA	1928	1979–1995	1995–present	Carter
88	Senior Circuit 	William Canby	        Phoenix, AZ	1931	1980–1996	1996–present	Carter
82	Senior Circuit 	Diarmuid O'Scannlain	Portland, OR	1937	1986–2016	2016–present	Reagan
90	Senior Circuit 	Edward Leavy	        Portland, OR	1929	1987–1997	1997–present	Reagan
80	Senior Circuit 	Stephen S. Trott	Boise, ID	1939	1988–2004	2005–present	Reagan
82	Senior Circuit 	Ferdinand Fernandez	Pasadena, CA	1937	1989–2002	2002–present	G.H.W. Bush
74	Senior Circuit 	Andrew Kleinfeld	Fairbanks, AK	1945	1991–2010	2010–present	G.H.W. Bush
74	Senior Circuit 	Michael Daly Hawkins	Phoenix, AZ	1945	1994–2010	2010–present	Clinton
85	Senior Circuit 	A. Wallace Tashima	Pasadena, CA	1934	1996–2004	2004–present	Clinton
68	Senior Circuit 	Barry G. Silverman	Phoenix, AZ	1951	1998–2016	2016–present	Clinton
80	Senior Circuit 	Raymond C. Fisher	Pasadena, CA	1939	1999–2013	2013–present	Clinton
66	Senior Circuit 	Richard C. Tallman	Coeur d'Alene	1953	2000–2018	2018–present	Clinton
69	Senior Circuit 	Richard Clifton	        Honolulu, HI	1950	2002–2016	2016–present	G.W. Bush
66	Senior Circuit	Jay Bybee	        Las Vegas, NV	1953	2003–2019	2019–present	G.W. Bush
85	Senior Circuit	Carlos Bea	        San Francisco	1934	2003–2019	2019–present	G.W. Bush
70	Senior Circuit 	N. Randy Smith	        Pocatello, ID	1949	2007–2018	2018–present	G.W. Bush

& denotes Chief Judge of the Court
* denotes Federalist Society member

39 posted on 06/26/2020 12:51:44 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: where's_the_Outrage?

By definition, Tax monies that are used to build the physical barrier between nations has to be “military money”.


40 posted on 06/26/2020 12:52:47 PM PDT by Delta 21 (Be strong & prosper, be weak & die! Stay true.... ~~ Donald J. Trump)
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